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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

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Attorney answers 5

Posted

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.

Posted

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.

Posted

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
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William A. Jones Jr.

William A. Jones Jr.

Posted

While it is not at all clear from the question posted to what use the nolo plea was put, at least in my view it was not used in a fashion for which there is any distinction draw between guilty pleas and nolo pleas. I strongly disagree with the statement that, "Nolo contendere is not a conviction." I know of no support for that statement. The Poellnitz case is a pretty nuanced situation to be offered for support of your application of Rule 410. For all practical purposes in criminal practice, (application of recidivist sentencing provisions, impeachment, prior record score calculation, persons prohibited from possession under VUFA) there is o distinction to be drawn between a conviction resulting from a guilty plea and a conviction resulting from a nolo plea. At least in the field of criminal defense, it is the very rare situation where there is any difference between the two.

Stewart C Crawford Jr.

Stewart C Crawford Jr.

Posted

Not a conviction in the sense that there has been no finding of guilt

Posted

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.

Posted

Bolo contender has all of the same ramifications as a plea of guilty. However, the expungement process for Juveniles is worth exploring

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