If you've been charged with a crime, at some point during your case, you'll be asked to enter a plea. In Rhode Island, you have three options: not guilty, guilty, and nolo contendere. The difference between a not guilty plea and a guilty or nolo contendere plea is obvious: If you plead not guilty, you're saying that you did not commit the alleged offense.
But the difference between guilty and nolo contendere may not be so clear. So what is the distinction? There are a couple.
Are You Contesting the Charge?
One difference between a guilty and a nolo contendere plea is what each means. When you plead guilty, essentially, you are saying that you committed the alleged crime. But you're not saying the same if you plead nolo contendere.
Nolo contendere is Latin for "I do not wish to contend." It means that you are not going to fight the charge, but you're not actually admitting guilt either.
Is It a Conviction or Not?
In Rhode Island, the distinctions between a guilty and nolo contendere plea go beyond each term's meaning. In certain circumstances, pleading one or the other could determine whether or not you're convicted of the alleged offense.
In all cases, if you enter a guilty plea, you will be convicted and sentenced. However, the same is not true when you enter a nolo contendere plea. Whether you're convicted depends on the type of sentence imposed upon you.
Under R.I. General Laws § 12-18-3(b), a nolo contendere plea constitutes a conviction when:
- You are sentenced to a term in a correctional facility; or
- You are sentenced to probation as a part of a suspended sentence
According to R.I. General Laws § 12-18-3(a), a nolo contendere plea is not a conviction if you're sentenced to straight probation. You must complete the terms of your probation and not have committed any violations during the probationary period.
Should I Plead Nolo Contendere?
Because a nolo contendere plea may not result in a conviction, you may be wondering whether or not it's in your best interest to enter this plea in your case. Although the question is straightforward, the answer is complex.
You must consider several factors when determining the plea to enter, such as whether the State has a strong case against you. Also, it's important to remember that a nolo contendere plea does not always mean you will avoid a conviction. If a jail or prison sentence is imposed, you will have a conviction on your record.
Criminal matters are complicated, and it's most effective to discuss your case with a skilled attorney before deciding how to proceed. At The Law Office of Thomas C. Thomasian, Esq., we have over 12 years of legal experience and can provide the sound advice and guidance you need. We care about the outcome of your case and will seek a favorable result on your behalf.
We're ready to listen to your side of the story and discuss your legal options. Contact us by calling (401) 312-4385 today. Your initial case review is free.
If you've been charged with a crime, at some point during your case, you'll be asked to enter a plea. In Rhode Island, you have three options: not guilty, guilty, and nolo contendere. The difference between a not guilty plea and a guilty or nolo contendere plea is obvious: If you plead not guilty, you're saying that you did not commit the alleged offense.
But the difference between guilty and nolo contendere may not be so clear. So what is the distinction? There are a couple.
Are You Contesting the Charge?
One difference between a guilty and a nolo contendere plea is what each means. When you plead guilty, essentially, you are saying that you committed the alleged crime. But you're not saying the same if you plead nolo contendere.
Nolo contendere is Latin for "I do not wish to contend." It means that you are not going to fight the charge, but you're not actually admitting guilt either.
Is It a Conviction or Not?
In Rhode Island, the distinctions between a guilty and nolo contendere plea go beyond each term's meaning. In certain circumstances, pleading one or the other could determine whether or not you're convicted of the alleged offense.
In all cases, if you enter a guilty plea, you will be convicted and sentenced. However, the same is not true when you enter a nolo contendere plea. Whether you're convicted depends on the type of sentence imposed upon you.
Under R.I. General Laws § 12-18-3(b), a nolo contendere plea constitutes a conviction when:
- You are sentenced to a term in a correctional facility; or
- You are sentenced to probation as a part of a suspended sentence
According to R.I. General Laws § 12-18-3(a), a nolo contendere plea is not a conviction if you're sentenced to straight probation. You must complete the terms of your probation and not have committed any violations during the probationary period.
Should I Plead Nolo Contendere?
Because a nolo contendere plea may not result in a conviction, you may be wondering whether or not it's in your best interest to enter this plea in your case. Although the question is straightforward, the answer is complex.
You must consider several factors when determining the plea to enter, such as whether the State has a strong case against you. Also, it's important to remember that a nolo contendere plea does not always mean you will avoid a conviction. If a jail or prison sentence is imposed, you will have a conviction on your record.
Criminal matters are complicated, and it's most effective to discuss your case with a skilled attorney before deciding how to proceed. At The Law Office of Thomas C. Thomasian, Esq., we have over 12 years of legal experience and can provide the sound advice and guidance you need. We care about the outcome of your case and will seek a favorable result on your behalf.
We're ready to listen to your side of the story and discuss your legal options. Contact us by calling (401) 312-4385 today. Your initial case review is free.