Understanding the “No Contest” Plea in Arizona Criminal Cases
When facing criminal charges in Arizona, defendants have several options for how to plead: guilty, not guilty, or no contest. While most people are familiar with guilty and not guilty pleas, the term “no contest” (also called nolo contendere) often raises questions. What does it mean, and how does it affect your case? Here’s what you need to know if you’re considering this plea in a criminal case.
Definition of No Contest
A no contest plea means that the defendant does not admit guilt but also does not dispute the charge. Legally, it has the same immediate effect as a guilty plea in criminal court—conviction and sentencing proceed accordingly. However, unlike a guilty plea, a no contest plea cannot be used as an admission of guilt in a related civil lawsuit.
For example, if you’re charged with assault and plead no contest, the court can sentence you as if you were guilty. But if the alleged victim later sues you for damages in a civil case, your no contest plea typically can’t be introduced as evidence that you admitted guilt.
Why Someone Might Plead No Contest
There are strategic reasons a defendant—and their defense attorney—might choose to enter a no contest plea:
- To Avoid Civil Liability: As mentioned, a no contest plea can’t be used against you in civil court. This is especially important in cases involving personal injury, DUI accidents, or property damage.
- As Part of a Plea Deal: Prosecutors may offer a reduced sentence or drop other charges in exchange for a no contest plea. It allows the case to be resolved without the need for trial.
- When Evidence Is Strong: If the evidence against you is overwhelming, but you don’t want to verbally admit guilt, a no contest plea may be a strategic way to accept a conviction while limiting future risk.
- To Protect Reputation: In some cases, defendants use no contest pleas to avoid the public perception or legal complications that come with a formal guilty plea.
How No Contest Works in Arizona Courts
In Arizona, a judge must approve a no contest plea. Judges generally have discretion to accept or reject it based on the nature of the offense and the circumstances of the case. The court will also ensure that the plea is made voluntarily, knowingly, and intelligently—which means you fully understand the rights you’re giving up by not going to trial.
After entering a no contest plea, the judge proceeds with sentencing as if you had pleaded guilty. This can include jail time, fines, probation, or mandatory treatment programs, depending on the severity of the offense.
Does Pleading No Contest Show Up on Your Record?
Yes. A conviction from a no contest plea still appears on your criminal record. It carries the same legal penalties as a guilty plea and can impact future employment, housing, and firearm rights. However, in Arizona, you may be eligible to seal or expunge certain records under ARS §13-911 after completing your sentence.
Speak with an Arizona Criminal Defense Attorney
A no contest plea can be a smart legal tool—but it’s not the right choice for everyone. An experienced Arizona criminal defense attorney can help you evaluate whether it makes sense in your case, and if it can protect you from future legal consequences.
At Rideout Law Group, we defend clients throughout Scottsdale, Lake Havasu, and across Arizona. If you’re facing charges and unsure of your options, we offer confidential consultations to help you make the best decision for your future.
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- Scottsdale: (480) 584-3328
- Lake Havasu: (928) 854-8181
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