IT IS MY UNDERSTANDING THAT A NOLO CONTENDER IS NOT A CONVICTION ?
Pittsburgh, PA |
MY HUSBAND HAS A 14 YEAR OLD RECORD WHICH ENDED IN A BOLO CONTENDER . HE RECENTLY WAS FOUND GUILTY BY A JUROR ( CONVICTED ) , AND THIS RECORD WAS USED AGAINST HIM . THIS CHARGE AND HIS LAST WAS COMPLETELY DIFFERENT CHARGES
A nolo plea counts as a conviction. The only difference between a bolo plea and a guilty plea is that the defendant need not admit guilt when pleading Nolo. The defendant need only acknowledge there is sufficient evidence to convict.
A nolo contendre plea is no different than guilty plea except that in the case of the nolo plea the defendant is not required to admit or concede his guilt instead the defendant is conceding that the Commonwealth has sufficient evidence to convict and he does not wish to contest the charges in a trial. For all purposes, a nolo and straight guilty plea are equivalents.
Nolo contendere is not a conviction, rather it is a form a plea bargain that amounts to a guilty plea without an actual admission of guilt. A nolo contendere plea is not generally permitted to be used in any civil or criminal proceeding. See Pa.R.E. 410. Note, however,
a nolo contendere plea can be used at a later criminal proceeding to impeach credibility (unless more than ten years has passed by. Essentially, ther reason for its inadmissibility is because a nolo contendere plea does not constitute an admission of factual guilt, and thus has no evidentiary value in assessing whether the defendant committed a crime. U.S. v. Poellnitz, 372 F.3d 562 (3d. Cir. 2004)
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving Individuals and Families in Pennsylvania and New Jersey
223 North Monroe St.
Media, PA 19063 (Philadelphia Area)
A bolo plea is a no contest plea and is recorded as a conviction. Depending on the charge, it could be used against your husband if he testified. You should have an experienced criminal defense attorney review the trial transcript to see if an appealable issues exist. Good luck.