QUESTION
What happens if I plead no contest to charges of domestic violence and simple battery?
Asked on Mar 04th, 2013 on Criminal Law - Michigan
More details to this question:
What happens if I plead no contest to charges of domestic violence and simple battery? This is my first arrest ever in life.
13 ANSWERS
Michael J. Breczinski
Then you get permanent criminal record but if you get a lawyer then maybe they can work out something where you end up with no record.
Answered on Mar 12th, 2013 at 8:46 PM
John J. Carney
Retain a good criminal lawyer to handle the case and tell him the truth about what happened.
Answered on Mar 08th, 2013 at 9:39 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
A no contest plea is exactly the same as a guilty plea in criminal courts, so you will be found guilty by the court. If you have an attorney, you should be discussing this with your attorney. If you don't have one, get one.
Answered on Mar 06th, 2013 at 10:58 PM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
First, you should get the advice of an attorney before you do anything. I don't mean free advice from attorneys online like me, I mean an attorney that works in the court where your case is, that knows the DAs and judges, and that has reviewed the police reports and interviewed you. California has very steep consequences for domestic violence convictions. Expect jail time, probation, and 52 weeks of domestic violence counseling. You'll lose your right to possess firearms.
Answered on Mar 06th, 2013 at 7:40 PM
On domestic violence cases some judges will not release a person OR. The same judge will set the bail at the maximum allowed. They do this to try to force the person to plead guilty at the arraignment. At the arraignment, the offer will be get out of jail that day and take probation and classes. This action by the judge keeps defendants that are unable to make bail stay in jail if they want to fight the charges. This also lets defendants that can afford bail to get out of jail and fight the charges. Thus, it is discriminately against the poor. If a person pleads no contest at arraignment on a simple domestic violence misdemeanor case he gets three years summary probation, anger management classes, a restraining order, fines and court costs.
Answered on Mar 06th, 2013 at 7:27 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
A No Contest plea is treated the same as a guilty plea for sentencing purposed by the court. The courts will allow them in cases where the defendant wishes to avoid having a guilty plea used against them in a subsequent civil proceeding as an admission of guilt or if the defendant can not recall the events accurately to do the plea because of intoxication. If you plead No Contest, you will be treated as if you had pleaded guilty.
Answered on Mar 06th, 2013 at 2:19 AM
2 Awards
Pleading guilty or no contest to a domestic violence charge in Colorado carries mandatory terms and conditions, including completion of court ordered treatment and classes. In addition to the plea consequences, a DV conviction could prevent you from owning a fire arm and/or could have immigration consequences. In addition, if you are charged with a subsequent domestic violence case, this case could be used against you. It would be wise to contact a local attorney in your area to review your rights and all of the consequences of a guilty plea.
Answered on Mar 05th, 2013 at 2:28 PM
Criminal Law Attorney serving Los Angeles, CA
at
Law Office of Edward J. Blum
Update Your Profile
You probably shouldnt plead no contest/guilty to those charges. In addition to jail and fines there are classes and a restraining order. It is onerous and should be avoided. With a lawyer its likely to get the charges reduced, dismissed or beaten at trial.
Answered on Mar 05th, 2013 at 2:24 PM
Judges will not allow people to plead no contest for just any reason. A Defendant who does not remember the incident due to intoxication can plead no contest due to lack of memory. I would have to know the exact charges. The maximum sentence for a misdemeanor is one year in jail, while felonies can result in years in prison. If you have a clean record and the charges are misdemeanors, you will probably not serve a great deal of time. Your sentence could be a month or less, and even probation is possible.
Answered on Mar 05th, 2013 at 2:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You will have a record which will follow you for the rest of your life and impact you rights and employability.
Answered on Mar 05th, 2013 at 2:23 PM
William A. Siebert
You will lose your Constitutional right to bear arms, you may be forbidden to consume alcohol for a period of probation, and you may do some jail time if you cannot pay fine and costs. You were given a court-appointed attorney; ask him why this deal is good you dont have to take it if you dont think you are guilty.
Answered on Mar 05th, 2013 at 2:23 PM
Then you can kiss your gun rights goodbye for life. Plus, you'll be forced to attend a long and expensive 52-week class, not to mention get a criminal record.
Answered on Mar 05th, 2013 at 2:23 PM
Dennis P. Mikko
Upon a plea of no contest, the court will most likely review the police report and if the court finds sufficient facts to support a finding of guilt, the court will enter a guilty finding and the matter will proceed to sentencing. A plea of no contest mearly states that you do not want to contest the charges.
Answered on Mar 05th, 2013 at 2:22 PM