Pleading “no contest” is often only to the benefit of the person’s pride. No contest means you’re conceding the charge without admitting guilt and without presenting a defense. But unlike a plea of guilty or innocent, a defendant must get a court’s consent to plead no contest, which comes with certain legal consequences.

A plea is a person’s formal response to a criminal or traffic charge. A person charged with a criminal or traffic offense is called the defendant. The defendant can choose from the pleas of guilty, not guilty, not guilty by reason of insanity, or no-contest. Entering a plea refers to the judge’s act of formally noting a defendant’s plea, or “entering” it, in the court’s official file. If you enter a no-contest plea, it means that, while you do not admit your guilt, you do admit the truth of the facts alleged in the indictment, information or complaint (the so-called “charging” documents that start a criminal or traffic case). No-contest pleas are sometimes known as “nolo contendere” or just “nolo” pleas.

Sometimes there’s no difference whatsoever and sometimes there’s a big difference. If you plead guilty, you are admitting to the facts and the legal consequences of those facts. The benefit of a no-contest plea (when you admit the facts, but not your guilt) is that it allows you to avoid a trial if your defense has become hopeless, but it prevents the plea from being used against you in any later civil or criminal proceeding. It also allows you the opportunity to appeal rulings by the court, such as rulings allowing certain evidence to be used by the government.

The only way the judge would find you not guilty on your no-contest plea is if there is a mistake in the “charging” document (if, for example, it leaves out a critical part of the charge) or because the prosecutor’s recitation of facts (where required) doesn’t match up to the facts stated in the charging document. This is rare.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

The biggest difference between bail and bail bonds is that while bail money is returned to the person who posted it at the end of the defendant’s case, the money you pay to a bondsman is a fee. It is not something you will get back. Again, a bail bond is ultimately an insurance policy.

Bailing your friend or loved one out can be expensive. You won’t always have your money returned. This quick guide will give you a better idea of whether you can expect to have your bail bond money returned to you.

Surety Bail

Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.

Cash Bail

If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again. And if the defendant gets arrested again while out on bail, no refund will be given.

If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.

Property Bond

If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.