No Contest Plea (Nolo Contendere) in Florida
Robert Malove A no contest plea, called nolo contendere, is a plea in which a Florida defendant does not contest the criminal charge, entered only with the court’s consent under Florida Rule of Criminal Procedure 3.170(a). The plea ends the case without a trial, and the judge sentences the defendant as on a guilty plea.
Below: the rule, the plea hearing, a comparison with other pleas, conviction and withhold rules, civil, sealing, and appeal effects, and when The Law Offices of Robert David Malove considers this plea in Fort Lauderdale.
What Does Florida Rule 3.170 Say About a No Contest Plea?
Florida Rule of Criminal Procedure 3.170(a) says a defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. The judge may refuse a no contest plea. The plea must be entered by the defendant in open court and recorded.
What Happens at a No Contest Plea Hearing?
A no contest plea hearing is a recorded colloquy in which the judge confirms that the plea is voluntary and has a factual basis, as Rule 3.172(a) requires. Under oath, the defendant confirms understanding of:
- The charge, the maximum penalty, and any mandatory minimum
- The jury trial and related rights the plea waives
- The complete terms of any plea agreement
- Sexually violent predator and driver license consequences, where they apply
What immigration warning does the judge give?
The judge warns every defendant that a no contest plea may lead to deportation of a person who is not a United States citizen, even if adjudication is withheld. Rule 3.172(c)(8) requires this warning in all cases.
Can a defendant plead no contest and still claim innocence?
A defendant can plead no contest while maintaining innocence. Rule 3.172(e) lets the judge accept a plea when the defendant acknowledges that it is in the defendant’s best interest, the Florida form of a best interest (Alford) plea.
How Is a No Contest Plea Different From a Guilty or Not Guilty Plea?
A no contest plea differs from a guilty plea mainly because Florida Statute 90.410 makes a nolo contendere plea inadmissible in any later civil or criminal proceeding. In the criminal case itself, both pleas waive trial and carry the same sentencing options.
| Question | Guilty | No contest (nolo contendere) | Not guilty |
|---|---|---|---|
| Contests the charge? | No | No | Yes (Rule 3.170(e)) |
| Needs the court’s consent? | No, but the judge must accept it after the Rule 3.172 colloquy | Yes (Rule 3.170(a)) | No |
| Waives a trial? | Yes | Yes | No |
| Usable as evidence in a later civil or criminal case? | Not barred by Statute 90.410 unless withdrawn | No (Statute 90.410) | Not applicable |
| Conviction on a sentencing scoresheet? | Yes, even with a withhold (Statute 921.0021) | Yes, even with a withhold (Statute 921.0021) | Only after a guilty verdict |
Is a No Contest Plea a Conviction in Florida?
A no contest plea is a conviction for some purposes in Florida and not for others, depending on the statute and on whether the judge adjudicates guilt or withholds adjudication.
What is the difference between a withhold and an adjudication?
An adjudication of guilt is a formal finding of guilt, while a withhold of adjudication stops short of that finding. Florida Statute 948.01(2) lets the judge withhold adjudication when the defendant is not likely to reoffend, and a felony defendant who receives a withhold is placed on probation.
When does a withheld no contest plea still count?
A withheld no contest plea still counts as a conviction under these Florida statutes:
- Sentencing: it is part of the prior record in a later case (Statute 921.0021)
- Habitual offender: probation without adjudication is treated as a prior conviction (Statute 775.084(2))
- Sealing: it is a conviction for the offenses that can never be sealed or expunged (Statute 943.0584(1) and (2))
Can a No Contest Plea Be Used in a Civil Case?
A no contest plea cannot be used as evidence in a civil case in Florida under Statute 90.410, and neither can statements made in connection with the plea, except in a perjury prosecution under Chapter 837.
Can a Record Be Sealed After a No Contest Plea?
A record can be sealed after a no contest plea if the judge withheld adjudication and the person meets the other requirements of Florida Statute 943.059(1). An adjudication of guilt blocks record sealing and expungement for that record. Expunction can become available after the record has been sealed for at least 10 years based on a withhold, if the record is otherwise eligible (Statute 943.0585(1)(h)).
Can You Appeal After a No Contest Plea?
A defendant who pleads no contest can appeal the judgment by expressly reserving the right to appeal a legally dispositive issue. Without that reservation, Florida Statute 924.051(4) says the defendant may not appeal the judgment or sentence, and Rule 3.172(c)(4) treats the plea as giving up the right to appeal all matters relating to the judgment.
Before sentencing, Rule 3.170(f) lets the judge allow the plea to be withdrawn. The grounds to withdraw a plea after sentencing are narrower.
When Does a Lawyer Recommend a No Contest Plea?
A lawyer recommends a no contest plea when trial is risky and the plea secures a better result than a guilty plea. Typical reasons are a possible civil lawsuit over the same events, a negotiated withhold that preserves sealing, and a dispositive issue worth reserving for appeal. A no contest plea can be the product of plea bargaining with the State Attorney’s Office.
Why Hire The Law Offices of Robert David Malove?
Robert David Malove is a Florida Bar Board Certified Criminal Trial Lawyer who has defended felony cases in Broward, Miami-Dade, and Palm Beach Counties since 1984, including years as an Assistant Public Defender in all three. The firm’s Fort Lauderdale office at 200 SE 9th Street is a short walk from the Broward County Courthouse.
A plea is hard to undo, so the first rule is to speak with a Fort Lauderdale criminal defense lawyer before entering one. A defense lawyer should review the discovery, possible motions to suppress or dismiss, and the immigration and sealing consequences before deciding whether to negotiate a withhold, reserve an issue for appeal, or try the case.
Call (954) 861-0384 for a free consultation with a Fort Lauderdale no contest plea lawyer.
No Contest Plea in Florida: Frequently Asked Questions
Does a no contest plea go on your record in Florida?
A no contest plea stays on your Florida criminal history record unless the record is sealed or expunged, and it counts as a prior conviction on a later sentencing scoresheet, even with a withhold (Statute 921.0021). A withhold can keep the record eligible for sealing under Statute 943.059 if the person meets that statute’s other requirements.
Can a judge refuse a no contest plea in Florida?
A judge can refuse a no contest plea in Florida, because Rule 3.170(a) allows the plea only with the consent of the court. If the judge rejects a negotiated plea already tendered, Rule 3.172(h) lets the defendant withdraw it.