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Many jurisdictions in Texas have three pleas rather than the two that you might already know about. In addition to guilty and not guilty pleas, most courts in Texas also permit the use of a nolo contendere plea. This article will explain what that plea means in Texas, the pros and cons of entering it, and some tips for when to do so.
What Is Pleading Nolo?
The phrase “pleading nolo” means “entering a nolo contendere plea.” “Nolo contendere” is a Latin phrase meaning “I do not wish to contend,” hence why it’s also called a plea of no contest. What this means is pretty straightforward: If you enter a no contest plea, you are stating that you are not going to contest the charges.
Pleading nolo contendere means that, similar to a guilty plea, you will be accepting all of the charges and penalties as stated by the court. However, these two plea options differ in that a no contest plea does not involve you admitting guilt like a guilty plea does. This seemingly semantic difference can have significant implications in the eyes of the law (often for the better).
Pros of Pleading Nolo in Texas
The most commonly talked about benefit of a nolo contendere plea in Texas has to do with future lawsuits. If you plead guilty to a traffic ticket, for example, that plea can be used as evidence against you if somebody decides to sue you for something that occurred as a result of that violation. If you enter a plea of no contest, that cannot happen.
Cons of Pleading Nolo in Texas
The main negative of pleading nolo contendere in Texas is that you will most likely be found guilty. Of course, that’s not the same as if you had pleaded guilty, but a conviction is a conviction. If convicted, you’ll be required to pay all financial penalties (fees, fines, surcharges, insurance increases, etc.) and face any and all other applicable penalties that the court sees fit to mandate.
Cases Where Nolo Is a Good Option
Now that we’ve covered what a nolo contendere plea is, it’s time to go over when a nolo contendere plea comes in handy. Below, you’ll see seven examples of when a plea of no contest might be your best available option. However, as you read, keep in mind this one crucial fact: This is not legal advice.
The only way for you to know for sure whether a plea of no contest is right for you is to download the WinIt app and speak to a qualified attorney in your area. After considering the facts of your specific case, they will be able to tell you how to get the best possible outcome given the laws in your local area.
When You Suffer From Severe Memory Loss
If you have been diagnosed with severe memory loss by a licensed medical practitioner, criminal court judges might not allow you to plead guilty to criminal charges. The reason for this is the court’s perception that you will not be able to clearly establish the facts of your defense following a criminal violation. In such a case, however, you might still be permitted to enter a plea of nolo contendere.
When You Lack Proof of Insurance
Pleading guilty to a traffic violation when you lack proof of insurance might open you to additional civil penalties. By pleading nolo contendere rather than guilty, you are not admitting that you were in fact driving without insurance. Rather, you’re simply accepting the penalties for the violations with which you have been charged.
When Involved in a Hit and Run Situations
Hit and run situations quite commonly begin with a criminal case and develop into an additional civil case over time. If you plead nolo contendere, that subsequent civil case will not be able to use your criminal hit and run conviction against you (with rare exceptions). This will make it easier to defend yourself in that civil lawsuit later on.
When Charged With a Speeding Violation
Speeding can result in several points on your license in Texas. These points can occasionally result in additional penalties, such as surcharges and/or the suspension of your driver license as well. By pleading nolo contendere, you increase the odds of achieving a favorable outcome in the case.
Following Other Vehicles Too Closely
Following too closely is better known as tailgating. Tailgating is one of the most common causes of car accidents around the country, resulting in a considerable number of injuries every year. If you receive a ticket for tailgating in an incident that led to a car accident, a nolo contendere plea could potentially bolster your defense in the coming civil lawsuit if the person you hit decides to sue.
When Accused of Lane Violations
Lane violations (like improper lane change or failure to use a turn signal) can benefit from a nolo contendere plea for reasons similar to those pertaining to speeding violations.
When Charged With Misdemeanor Possession of Marijuana
Pleading no contest to misdemeanor criminal charges, such as drug possession, can spare you the cost of an expensive jury trial and potentially convince the court to reach a verdict with less severe penalties.
Need Help Fighting Your Ticket? Contact an Attorney Through appwinit.com!
If you’ve received a traffic ticket in Texas, don’t give up until you’ve spoken to an attorney on the WinIt app. Entering the wrong plea can cost you thousands of dollars over several years, ruining your reputation as a driver and potentially damaging your criminal record for the rest of your life.
Rather than pleading guilty or no contest to your traffic ticket, download the WinIt app and consult with affordable legal counsel to determine if you might be able to benefit from the best plea of all: not guilty. With a not guilty plea and expert legal assistance, you can potentially take your case to court and win it with WinIt.
