Should I Plead ‘No Contest’ In A Domestic Violence Case?
Normally, when a person is accused of a crime, they have the option to either plead guilty or innocent to the charges. That said, there are a handful of other types of pleas that apply only rarely to criminal matters, but from time to time, will appear. One of those is pleading nolo contendere, or “no contest.” In some cases, domestic violence defendants may choose to plead ‘no contest’ because they believe it is better than pleading guilty – but in reality, it can lead to many more legal issues in the long run.
Why Not Just Plead Guilty?
A ‘no contest’ plea basically means that a defendant admits the truth of the charges against them, but chooses not to contest them – in other words, to put up a defense. They are relatively uncommon in general, but they are seen sometimes in domestic violence cases for one major reason: if a defendant pleads ‘no contest’ instead of ‘guilty,’ their plea cannot be used against them as an admission in civil court, which would put them on the proverbial hook for money damages.
Plaintiffs often file suit in civil court for damages, even after a criminal defendant has been found guilty. This does not trigger the double jeopardy clause of the Fifth Amendment to the U.S. Constitution – civil and criminal courts are two different legal systems – but admissions in criminal court are generally admissible in civil court, with rare exceptions. A ‘no contest’ plea cannot be used against a defendant in civil court, though a guilty plea can.
Long-Term Negatives
While it may be tempting to plead ‘no contest’ if you want to save yourself time and money in the short term, doing so does come with long-term negatives. Among the most notable is that in Florida, a person who pleads no contest or guilty to any offense involving violence cannot seal their criminal record. This means that the offense remains on a person’s criminal record permanently, visible to potential employers, landlords, and other people in positions of authority.
In addition, a crime of domestic violence in Florida may be charged as a misdemeanor or a felony. If you are a first-time offender, it may be possible for you to enter a pre-trial diversion program, instead of needing to enter a plea that immediately comes with consequences. Pre-trial diversion programs tend to result in charges being dropped or suspended if a person fulfills all the requirements of the specific program.
Contact A West Palm Beach Domestic Violence Attorney
If you have been charged with a domestic violence-related offense, it is important that you not immediately jump to making any kind of plea. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can assess the situation and help you determine the best option for you moving forward. We are ready to help – call our office today to speak to an attorney.
Source:
law.cornell.edu/constitution/fifth_amendment
