One of the most frequent areas of misunderstanding in criminal law is the plea of “no contest” or “nolo contendere” (which is Latin for “no contest”). Frequently, criminal defendants, particularly those charged with Class C misdemeanors, which are handled in cities’ Municipal courts, believe that by pleading “no contest” they avoid a conviction or finding of guilt. This is not the case.

While pleas of “no contest” are frequently used in conjunction with a special type of probation used in Texas, called deferred adjudication, deferred adjudication is also frequently granted in plea arrangements where defendants plead “guilty.” If the defendant successfully completes the deferred adjudication probation, then the court will dispose of the case without entering a finding of guilt, and therefore no conviction. It is the deferred adjudication procedure that allows the case to be disposed of without a conviction, not the plea of “no contest.”

A plea of “no contest” differs from a plea of “guilty” in one major fashion: a plea of “no contest” may not be used as evidence of responsibility in a civil proceeding. For instance, if a defendant were to enter a plea of “guilty” to the criminal charge of assault with bodily injury, then the alleged victim of the assault could use that plea in a civil law suit as iron-clad evidence that the defendant did indeed assault them and cause bodily injury, thus virtually automatically prevailing and recovering their proven damages for things like medical expenses, pain and suffering, even punitive damages. If the same defendant were to enter a plea of “no contest,” then the alleged victim would be forced to introduce evidence proving that the defendant indeed assaulted them and that they should recover damages.

So, don’t be fooled into believing that if you plead “no contest” or “nolo contendere” that you are not, for all practical purposes, confessing your guilt to the charged offense. This is very important! If you plan to explore your legal options and assert your legal rights, you MUST exercise your absolute right to plead “not guilty!” Remember, even if you believe that you are, in fact, guilty, you still have the absolute right to plead “not guilty” and force the prosecution to prove beyond a reasonable doubt that you are guilty of the charged offense. If you have yet to speak with a lawyer and a court is demanding you enter a plea, the correct answer is always “Not Guilty.”