Many criminal accused are wondering: what is a nolo contendere plea? This criminal law article by a Rhode Island criminal defense attorney explains what exactly a nolo contedere plea means and how it is different from a guilty plea. This is very important information for criminal defendants in Rhode Island. Many people spell nolo contendere as nolo contendre. The proper pronunciation of nolo contendere is /ˌnōlō kənˈtendərē/. (nolo contendere pronunciation) What is nolo contendere? Literally in Latin it means, ‘I do not wish to contend.’ Wikipedia. Rhode Island criminal law articles
Is a nolo contendere plea to a criminal charge a conviction in RI?
There is a lot of confusion in Rhode Island about whether a nolo plea constitutes a conviction under RI law. A nolo contendere plea means a Rhode Island criminal defendant is not contesting the criminal charges. When an accused agrees to a nolo plea in RI, the alleged perpetrator is throwing in the towel and not fighting the charges but is also admitting to the charges.
A Nolo plea is a conviction in Rhode Island if:
- There is a fine
- There is a suspended sentence
- There is a sentence for a period of incarceration (jail)
- there is a guilty plea
A nolo contendere plea to a criminal charge is not a conviction in Rhode Island if there is:
- Contribution to victims indemnity fund
- Court costs
- restitution
- loss of license
- There is probation (without a suspended sentence)
What is the primary difference between a guilty plea to a criminal charge and a nolo plea in Rhode Island?
There is a big difference between guilty and a nolo plea! Pursuant to Rhode Island criminal law, a guilty plea always constitutes a conviction. A plea of nolo may not be a conviction. A conviction could effect a persons employment status or future plans in a significantly worse way then a nolo plea. A nolo plea may not be a criminal conviction in RI. Nolo contendere only constitutes a conviction under the laws of the Ocean State if there is a sentence of confinement (such as the ACI or home confinement), a suspended sentence or a fine imposed.
What is a Conviction in RI?
If an accused accepts a nolo contendere plea bargain with a sentence of probation as well as a contribution to the violent crimes indemnity fund or court costs, it will not be a conviction under Rhode Island law! A plea of nolo contendere with a sentence of a filing and a contribution to the violent crimes indemnity fund (vcif) will not constitute a conviction under Rhode Island law.
Any nolo contendere plea to a criminal charge with a fine is a conviction under RI law. Therefore, it is important that the defendant gets either no fine or a contribution to the victims fund or court costs rather then a fine. All misdemeanor plea agreements in Rhode lsland (RI) should be nolo with court costs or a contribution towards the victims indemnity fund rather then guilty pleas!
Many misdemeanor defendants reach plea agreements at their arraignment in Rhode Island. These defendants are often making a mistake because they do not know what they are doing and do not have the advice of a RI criminal attorney.
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