Latin Lovers

Every now and then we hear about a criminal case in the news where the defendant enters a plea of “nolo contendere”.  A plea of nolo contendere literally means “I will not contest it”; generally speaking, such a plea in a criminal case has the same legal effect as a guilty plea.

 A plea of nolo contendere may be entered in most cases only with permission of the court.  The defendant does not admit or deny the charges, although a fine or sentence may be imposed in the same manner as if the defendant entered a guilty plea.  The main difference between a plea of guilty and a plea of nolo contendere is that the latter cannot be used against the defendant in a subsequent civil case.  Cases such as securities fraud and antitrust claims can have both criminal and civil implications, with criminal prosecutions often followed by civil suits brought against the defendant by injured private parties.  By pleading nolo contendere the defendant forces civil plaintiffs to prove their fraud claims in subsequent civil proceedings.

 — BBC&B

 

 

 

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