“No Contest” Pleas In Domestic Violence Cases
When a person is charged with a crime of domestic violence, they will be asked how they wish to plead. What many do not realize is that while not every plea is appropriate for every case, there are more plea options besides guilty and not guilty. One of the options available in many cases is a plea of “nolo contendere,” or “no contest.” This is not always an option, but if you choose to plead ‘no contest’, you need to be aware that it has both positives and negatives.
Guilty Or No Contest?
If you have been charged with a crime of domestic violence, you may face long-term, serious consequences, particularly if your alleged victim’s injuries are severe. There is no one singular “domestic violence” crime in Florida; rather, a person is charged with the underlying offense (one that results in “physical injury or death” to the victim), which may carry a harsher penalty because domestic violence was involved.
A plea of guilty or not guilty will result in a definitive outcome. If you are found guilty or not guilty at trial, you will either serve your sentence or walk away, and if you are found not guilty you may even be able to have your record sealed, depending on the specific facts of your case. However, some choose to plead ‘no contest,’ mostly to avoid having to admit to wrongdoing that can be used against them in civil litigation.
No Contest Has Consequences
The two chief reasons that most defendants choose to plead no contest are to avoid admission of wrongdoing that could be used against them, and to have the case settled quickly for reasons of their own. Most often, this is done via plea-bargain, which means a state’s attorney has to consent in order for the plea to go forward. That said, what many defendants do not realize is that in Florida, a plea of ‘no contest’ counts as a criminal conviction for many other purposes.
Some of the most important consequences of a ‘no contest’ plea can include being rendered deportable if you are not a U.S. citizen, potentially being denied parenting time with your children in the event of a divorce, or potentially losing your professional license. Far too often, a person chooses to plead ‘no contest’ thinking it is somehow the same as pleading ‘not guilty’ – when in reality, it can still create massive issues for a person who wanted to have their day in court.
Call A West Palm Beach Domestic Violence Attorney
If you have been charged with a crime of domestic violence, a plea bargain may be appropriate in your case – but it is crucial to do your due diligence before moving ahead. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help make sure that you understand your options as you go through the legal process. Contact our office today to speak to an attorney.
