ABA Family Legal Guide

Criminal Justice

Court Procedures

Initial Criminal Court Proceedings

What is the difference between a plea of guilty and a plea of nolo contendere?

The vast majority of criminal cases eventually result in pleas of guilty or nolo contendere. Under either plea, you are guilty of the crime originally charged or of a lesser offense agreed to by the parties. On the other hand, a guilty plea is a specific admission of guilt. The practical effect of a nolo plea in some states is that it avoids automatic civil liability. Let us say a nursing home operator is accused of the crime of abusing patients. If the operator pleads guilty, anyone who sues him or her for civil damages will not have to prove that the abuse occurred. If the operator pleads nolo contendere, then the civil court will have to decide whether the acts alleged took place.

In a few jurisdictions, a defendant may elect to stand mute instead of making a plea. When the judge asks for a plea, the defense lawyer states, "My client stands mute." The court will enter a plea of not guilty. By standing mute, the accused avoids admitting to the correctness of the proceedings against him or her until that point. By standing mute, the accused preserves his or her right to attack the validity of the proceedings on appeal.