METHOD OF CONVICTION: PLEA UNDER ADVISEMENT

Asked 12 months ago - Sterling Heights, MI

Can someone explain what in the world (Plea under advisement) means? What's the difference between a no contest plea and a plea under advisement? When judge says plea under advisement is this a political judicial jargon? Any input would greatly be appreciated.

Attorney answers (8)

  1. Allen M. Wolf

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    Answered . Most if not all courts in Michigan no longer do "pleas under advisement" ( you plead guilty and it was not accepted by the court unless you violated terms of probation. If probation was completed successfully the case was dismissed). No Contest pleas are pleas where you do not admit guilt for legal reasons (possible civil litigation, memory loss, etc...) but it is still treated as a criminal conviction and are sentenced accordingly. Some statutes or prosecutor programs provide for diversion like the old "pleas under advisement". You should consult with an experienced criminal defense attorney to find out if you qualify and assist you with your pending criminal matter.

    Please understand this is a general answer for the benefit and entertainment of the public and no attorney client... more
  2. Frank B. Ford

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    Answered . A Plea Under Advisement is an arrangement where the defendant pleads guilty, but instead of the conviction going on the criminal history record immediately, the defendant is given conditions to comply with for a period of time, the file is essentially put on a shelf or in a file drawer for that period of time, and then, at the end of the period, if the defendant has done everything they were supposed to have done, and not done anything they were not supposed to do, then the charge would be dismissed and never go onto the criminal history record. A plea of No Contest is very different. It is in all respects the same as a guilty plea, except that the defendant does not actually admit guilt, but in effect says that they neither admit nor deny guilt, but they choose not to fight the charge. For purposes of sentencing, a No Contest plea is treated the same as a guilty plea. Frank B. Ford 313-565-9289 or 313-486-9272

    The information contained in this answer is intended to convey general information. Nothing contained in this... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

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    Answered . I do not practice in Michigan however, review the respective Michigan statute below in a link:
    http://www.justanswer.com/criminal-law/1e56l-st...
    Basically, it permits the court to entertain a plea as negotiated, however, the presiding judge is not bound to accept it.
    If you are having these concerns already, in my professional opinion, you need a licensed Michigan counsel to represent you in that criminal case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Giacomo Jacques Behar

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    Answered . Allen and Alexander laid it out well.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  5. Parvine P. Ghandchi-Boji

    Contributor Level 8

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    Answered . Plea under advisement means that you plead guilty to the matter but if you follow all the conditions the court has put on you during probationary period, do all they request and pay all your fines the case will be dismissed. It must be knowingly and voluntarily given.
    Nolo contendre means "I will not contest" and is a latin term remember that for criminal purposes this pleas is the same as a guilty plea. People use this in cases where they be held liable in a civil suit or have money damages.

    Every case and set of circumstances is different. I will try my best to answer your question based on the... more
  6. David B. Carter Jr.

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    Answered . Plea under advisement means that after a period of time (like a year) if there is no violation or other criminal activity the case is dismissed.

  7. Gerald R Stahl

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    Contributor Level 16

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    Answered . It is most commonly seen in Michigan with drug offenses where the plea is taken under public act 7411. The court takes your admission of guilt under advisement, then puts you on probation. If you complete probation, then the case is dismissed and you have no record or conviction. Same thing with Holmes Youthful Trainee Act.

  8. Gary Francis Kennedy II

    Contributor Level 11

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    Answered . Plea under advisement usually means if you complete all the conditions of probation and pay all your fines and costs then the court will dismiss your case at the end of the probationary period. This is known as 771.1 usually. There are other diversionary programs as well that have a dismissal option as well. A no contest plea is a plea that is treated as a guilty plea for purposes of sentencing. The charge will show up on your criminal record and won't be dismissed at the end of a probationary period. Call an attorney today if you are representing yourself.

    Kennedy Law Office, PLLC
    586-580-1942
    Free Consultations

    Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal... more

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