In the United States, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the
Federal Rules of Criminal Procedure only allow a '''' plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the effective administration of justice". The primary distinction between an Alford plea and a '
plea is that, in an Alford plea, the defendant pleads guilty (in a formal sense) yet in a ' plea, the defendant does not assert innocence or guilt. A formal admission of guilt under an Alford plea can be used against the defendant in future civil suits, whereas nolo contendere pleas cannot.
Florida In
Florida, the
Supreme Court held in 2005 that no-contest convictions may be treated as prior convictions for the purposes of future sentencing. A
nolo contendere plea may be appropriate "where the defendant would not be able to supply a sufficient factual basis for a guilty plea because he or she was intoxicated on the night of the incident, where there is the possibility of future civil litigation resulting from the offense, or where a defendant cannot remember the events which led to his or her being charged with a crime". A no contest plea prevents the court from eliciting a defendant's admission of guilt, but the result of the defendant's plea not to contest the charges against him or her is the same as if the defendant had admitted guilt. If a defendant pleads no contest to a charged offense, with the exception of questioning the defendant about his or her role in the charged offense, the court must proceed in the same manner as if the defendant had pleaded guilty. A plea of no contest to a felony offense requires the court's consent. A defendant's no contest plea to criminal charges does not
estop that defendant from denying responsibility in a later civil action arising from the same conduct.
South Carolina According to
South Carolina code, the defendant in any misdemeanor case in any of the courts may enter a plea of
nolo contendere with the consent of the court. The plea of guilty will be recorded on defendant records and will not affect sentencing.
Texas In
Texas, the right to appeal the results of a
plea bargain taken from a plea of either '
or "guilty" is highly restricted. Defendants who have entered a plea of ' may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court. ==Commonwealth==