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Should I plead nolo contendere for shoplifting I admitted to?
Anonymous3 views4 answers
I was caught shoplifting and received a misdemeanor charge. Court is less than a week away (I was not arrested) and I am confused and don't know which way to go to make it better for myself.
I’m a college student who owns up to what I did and accepts the fact that I made a mistake. I cannot afford an attorney so that is not an option. I have to get approval from the judge to have an attorney appointed to me, which I highly doubt will happen because of the many shoplifting cases they receive.
A pretrial diversion program has contacted me and suggested that I plead No Contest so that I can proceed with it and work to erase it from my record (there would be no fine, and just a class fee). Should I plead nolo? Will that only make it worse for myself? I understand it’s equivalent to a guilty plea, so what should I do?
My experience with pretrial diversion programs is that they allow you to resolve the charges without adding to your criminal history in exchange for taking classes or doing community service. They don't normally require any plea at all, although one of the other attorneys has given a good definition of what nolo is.
You should show up for court early and ask to speak with the public defender. I don't care how many cases he or she has, that just makes them more familiar with how to resolve them quickly. Get there early so that you can speak with them sooner. They can explain how the diversion program works, so don't do anything without them.
As shoplifting is a charge for which you could possibly be sentenced to jail (however unlikely), the court has to appoint an attorney. If your case is called before you are able to speak with an attorney, tell the judge you want one and don't enter any kind of plea until you are given that right.
The purpose of entering a no contest plea is often to avoid being sued civilly for essentially confessing to a crime, which is the basis of a guilty plea. If the no contest plea restricts someone from suing you civilly for an action, why would anyone enter a plea of “guilty” to charges against them?
Pleading guilty means you admit the charges, you have no defense for your actions, and the court can go ahead and levy punishment against you.
The court first ensures that you entered the guilty plea voluntarily and that they have some reason to believe you are telling the truth. It is not unheard of, for example, for a parent to plead guilty to a crime to protect their child. The prosecutor must explain what evidence they would have had against you had you pled not guilty and a trial had been set.
Pleading no contest or nolo contendere means you admit no guilt for the crime, but the court can determine the punishment. The judge will hold a conversation with the defendant to ensure s/he understands the plea and the possible punishment. This gives the defendant an opportunity to explain the circumstances and why s/he is pleading no contest instead of guilty or not guilty. Through this conversation, the judge gains a better perspective on the situation. The defendant has some possibility of getting a less harsh sentence than might be handed down after a jury trial.
Restrictions on pleading no contest vary between states, and in some jurisdictions it is prohibited. For instance, it is unlikely that the court will allow you to enter a nolo contendere plea while vigorously denying your guilt to the media. This would be known as an Alford plea, based on a 1963 murder case in North Carolina. The defendant pled guilty to second-degree murder to avoid the death penalty, but still vocalized his innocence. Neither the nolo contendere plea nor the Alford plea could later be used in a civil action as evidence against the defendant.
I would request, at least, that a court-appointed attorney discuss this matter with you before you make any decisions. Best of luck to you. And, by the way: please refrain from making any admissions on this, or any other site. If discovered by the prosecuting authorities, such admissions may be used against you in court proceedings.
Benjamin David GoldbergCriminal Defense AttorneyMarietta, GA ·
An attorney who has reviewed the evidence against you would be better able to answer this question. I would encourage you to apply for a court-appointed attorney. The number of shoplifting cases in that court will have no bearing on whether an attorney will be appointed to represent you.
The advantage of a pre-trial diversion program would be that the case would eventually be dismissed. Depending on the court you are in, you may also be able to get the arrest itself eventually expunged.
Entering pretrial diversion is probably the best resolution to your case. It is not the same as entering a guilty or no contest plea. I like to describe it as literally being "diverted" from the trial path.
Most of my clients fail pretrial diversion because of the $300 program fee plus the monthly supervision fee of $30 for each month you are on it. If you can find the money, and you have 90 to 120 days to complete the program, then do it. Usually the solicitor will make the charge available for expungement, but check anyway (it will be on the form). You will not have to go before the judge either.
If you do fail the pretrial diversion, you will begin the process again with an arraignment date, at which point you will need to look into entering a plea or going to trial. Good luck to you.
