Must there be a factual basis for a "no contest" plea?

In some courts, but not all, judges must confirm that there's evidence indicating the defendant's guilt.

Related Ads

Need Professional Help? Talk to a Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

In most places, there has to be a factual basis for a guilty plea for a judge to accept it. The judge must confirm that there’s enough evidence to suggest that the defendant isn’t pleading guilty to something he or she didn’t actually do. But the law varies a bit more when it comes to no-contest (or nolo contendere) pleas.

In some jurisdictions, including federal court, a judge can accept a no-contest  plea without looking into whether the defendant is actually guilty. In others, judges must find factual bases for no-contest pleas much in the way—if not in the exact same way—that they must for guilty pleas.

For information on related topics, see Pleading Guilty While Saying You’re Innocent and this article about "fictional pleading."

Talk to a Lawyer

Start here to find criminal law lawyers near you.

HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Connect with local attorneys
Related Ads
LA-NOLO1:CM1.2.1.1.20150623.32264+