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Has anyone ever plead nolo contendere (no contest)
Posted by:
JigSAW
()
Date: July 14, 2007 01:01AM
My court date for a ticket I got is on Thursday at the FFX courthouse, and I am really trying to get out of it. Its a ticket for making an illegal U-turn. Has anyone ever got off a ticket in FFX county by pleading no contest and telling their side of the story?
no lo contendre - In a no contest or 'no plea' you neither admit innocence or guilt, but rather stand 'mute' in the eyes of the court.
An Alford plea means you maintain your innocence but affirm that the prosecution has enough evidence to find you guilty.
Your other option is guilty w/ an explanation. Although it is not a real plea, some courts/judges allow it. It is the same as a guilty plea, but you offer an explanation to the court in exchange for leniency in sentencing. It is similar to what a lawyer presents in the sentencing phase of a criminal trial. Very rarely do judges completely exonerate you or dismiss the charges for a traffic infraction, however they may reduce/amend the charge or waive court fees if you have a CLEAN DRIVING RECORD.
My advice to you is to plead either guilty w/ an explanation or take the the Alford plea. Go early and feel out the judge. If you are the first one called ask to have the case passed over, this way you can get a feel for the judge and see if he allows and accepts guilty w/ an explanation pleas. If not go w/ an Alford plea. At the very least, the judge will be impressed w/ your above average legal knowledge, and may cut you some slack in sentencing.
Disclaimer: The above said reference is opinionated in nature and should be used at your discretion since I am not board certified legal counsel. That being said, I am in no part responsible or liable for the outcome of your case, should you use my advice.
Edited 6 time(s). Last edit at 07/14/2007 04:12AM by inkahootz.
My guess is in Fairfax District Court, pleading NC will result in you being found guilty. If I were in that situation, I'd just go ahead and pre-pay if that's an option.
JigSAW Wrote:
-------------------------------------------------------
> My court date for a ticket I got is on Thursday at
> the FFX courthouse, and I am really trying to get
> out of it. Its a ticket for making an illegal
> U-turn. Has anyone ever got off a ticket in FFX
> county by pleading no contest and telling their
> side of the story?
To answer your question in brief, no. If you plead no contest you can't give a defense (or reason) because you are 'mute' in the eyes of the court (kind of like pleading or invoking your right to the fifth amendment in a criminal prosecution).
Let us say you are out with Gravis and tossing a few back at Reston Town Center. A girl walks by and you and Gravis start shouting "Fat Chick" and "I screwed both your sisters" and Gravis says to the people at the next table "she goes on and on like the energizer bunny" etc.
The cops come by and give both of you a ticket for drunk and disorderly. The Fat Chick sues you for slander, libel, defamation of character and whatever else she can think of. (I know that a couple of the slander etc do not really apply, but she is a Dumb Bitch and she does not know the difference).
If both you and Gravis go to criminal court for the ticket and plead NC, the judge will punish about the same as if you plead guilty. The difference is that the Fat Chick CAN NOT use the D&D criminal case as evidence in the civil case, because you plead NC, not "GUILTY". It makes her civil case slightly more difficult to prove.
As far as Alfords Plea, you maintain your innocence but admit thre is enough evidence to convict you. It is the "I've been framed" plea. I theory, you are found guilty, and the judge is supposed to be a little lenient with your sentence. I do not know about VA, but in Maryland, you loose the right to appeal an Anfords Plea and I would imagine it would not cary the same weight as evidence in a civil matter.
Got it?
My advice, do not hang around with Gravis.
Edited 1 time(s). Last edit at 07/14/2007 09:46AM by Radiophile.
KeepOnTruckin Wrote:
-------------------------------------------------------
> What would your side of the story be? Makin a
> u-turn in the worng place, cant really have a
> defense against that.
Not necessarily. I beat a no uturn charge because they had signage on only one of the ends of the medians before the intersection. They are supposed to have them on both.
I got out of murder by pleading nolo contendere. I didn't hire a lawyer and was completely silent throughout the proceedings. Jury deliberated for 10 days, and came back with not guilty. I KNEW it would work.
Re: Has anyone ever plead nolo contendere (no contest)
Posted by:
JigSAW457
()
Date: July 14, 2007 07:29PM
hmm interesting, i didnt know about the alfords plea. maybe i should just prepay, but i really dont want another moving violation on my record...uhhh god I hate living in a place where the cops have nothing better to do but giving traffic citations!
inkahootz Wrote:
-------------------------------------------------------
> That is great little story, however she wouldn't
> be able to sue for libel unless Gravis went into
> the bathroom wrote that shit on the bathroom
> stall. It is true that if you plead no contest or
> an Alford plea you can not appeal... BUT ONLY
> BECAUSE YOU ARE PLEADING GUILTY IN THE FIRST PLACE
> (DI DI DI!!!)! You can't appeal a conviction in a
> case in which you made a deal w/ prosecutors and
> voluntarily put a guilty plea in. When you make a
> deal w/ the prosecutors you agree on the sentence
> as well. You only have the right to appeal if you
> plead not guilty and are found guilty, and/or
> don't agree w/ the sentence. In an Alford plea,
> the conviction can be used in future trials (as
> evidence of lawlessness/ 3 strikes etc.) while a
> no lo contendre cannot.
I said in the story I knew some of the charges would be wrong, but she is a stupid bitch. I do know the definition of libel, slander and defamation enough to know what applies where. Some people are not so fortunate. The girl in the (fictional) story, like so many others, does not.
And thank you for putting exactly what I said in different words.
pyramids17 Wrote:
-------------------------------------------------------
> I got out of murder by pleading nolo contendere. I
> didn't hire a lawyer and was completely silent
> throughout the proceedings. Jury deliberated for
> 10 days, and came back with not guilty. I KNEW it
> would work.
Nearly impossible. A NC plea should have lead right to sentencing.
Re: Has anyone ever plead nolo contendere (no contest)
Posted by:
Shi-bing-bong
()
Date: July 14, 2007 10:57PM
pyramids17 Wrote:
-------------------------------------------------------
> I got out of murder by pleading nolo contendere. I
> didn't hire a lawyer and was completely silent
> throughout the proceedings. Jury deliberated for
> 10 days, and came back with not guilty. I KNEW it
> would work.
@ pyramids17
U are an idiot!
There's no different in pleading No Contest and Not Guilty because guess what, they still will deliberate it. And your lying about committing murder, you didn't, i know it.
inkahootz Wrote:
-------------------------------------------------------
> Shi-bing-bong Wrote:
> --------------------------------------------------
> -----
> > pyramids17 Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > I got out of murder by pleading nolo
> contendere.
> > I
> > > didn't hire a lawyer and was completely
> silent
> > > throughout the proceedings. Jury deliberated
> > for
> > > 10 days, and came back with not guilty. I
> KNEW
> > it
> > > would work.
> >
> >
> >
> > @ pyramids17
> > U are an idiot!
> >
> >
> >
> > There's no different in pleading No Contest and
> > Not Guilty because guess what, they still will
> > deliberate it. And your lying about committing
> > murder, you didn't, i know it.
>
>
> I'm soryy but there is a difference. See what I
> wrote above.
Yeah inkahootz is correct you fucking dumbass! there is a difference. "Difference" not "different". Dick. Also, it's "You're" not "Your". Bitch. Shi Bing Bong? The hell is that? I really didn't think anyone would take that comment seriously. Of course I didn't murder someone.
Re: Has anyone ever plead nolo contendere (no contest)
Posted by:
Shi-bing bong's son
()
Date: July 15, 2007 07:25PM
pyramids17 Wrote:
-------------------------------------------------------
> inkahootz Wrote:
> --------------------------------------------------
> -----
> > Shi-bing-bong Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > pyramids17 Wrote:
> > >
> >
> --------------------------------------------------
>
> >
> > > -----
> > > > I got out of murder by pleading nolo
> > contendere.
> > > I
> > > > didn't hire a lawyer and was completely
> > silent
> > > > throughout the proceedings. Jury
> deliberated
> > > for
> > > > 10 days, and came back with not guilty. I
> > KNEW
> > > it
> > > > would work.
> > >
> > >
> > >
> > > @ pyramids17
> > > U are an idiot!
> > >
> > >
> > >
> > > There's no different in pleading No Contest
> and
> > > Not Guilty because guess what, they still
> will
> > > deliberate it. And your lying about
> committing
> > > murder, you didn't, i know it.
> >
> >
> > I'm soryy but there is a difference. See what I
> > wrote above.
>
>
>
>
> Yeah inkahootz is correct you fucking dumbass!
> there is a difference. "Difference" not
> "different". Dick. Also, it's "You're" not "Your".
> Bitch. Shi Bing Bong? The hell is that? I really
> didn't think anyone would take that comment
> seriously. Of course I didn't murder someone.
Not only are you a lier, but your a biggity bitch about someone's goddamn post name for a blog on a website and you care more about proper grammar than the subject itself - why don't you go teach 3rd grade and do us all a favor :)