QUESTION

What will happen if my juvenile son pleads no contest?

Asked on Jun 10th, 2011 on Criminal Law - Michigan
More details to this question:
My 17 year old son was arrested and charged with possession of drug paraphernalia. If he pleads no contest in court, what would be the results and can this be expunged from his record?
Report Abuse

20 ANSWERS

Criminal Law Attorney serving Santa Ana, CA
1 Award
In California, if he was charged as a juvenile, his criminal record can be sealed when he turns 18 years old, once any period of supervision has been terminated.
Answered on Jun 14th, 2011 at 9:30 AM

Report Abuse
Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
Update Your Profile
Same as pleading guilty, he gets convicted, and sentenced by the judge to whatever the law provides. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Yes, convictions may sometimes be expunged from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Contact me if and when that time comes.
Answered on Jun 14th, 2011 at 8:58 AM

Report Abuse
Personal Injury Attorney serving New Orleans, LA at Bloom Legal LLC
Update Your Profile
A plea of no contest is generally only entered if you are receiving some sort of plea deal from prosecutors. Since, in some circumstances it may be considered roughly equivalent to a guilty plea, it is important to be sure only to plead no contest if there is a decided advantage to doing so (this would generally mean reduced and/or suspended charges or sentence.) Whether or not a no contest plea can later be expunged from your son's record will depend upon the exact charges against him, what charges he actually receives as a result of the plea and the statute under which he pleads. These are all issues that a criminal defense attorney would take into account before advising a client how to proceed if you were to consider hiring one for your son. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page for a free case evaluation.
Answered on Jun 13th, 2011 at 5:13 PM

Report Abuse
Criminal Attorney serving Bellingham, WA at Andrew Subin Attorney at Law
Update Your Profile
He will probably get a fine and maybe some community service if this is his first offense. This misdemeanor can be expunged.
Answered on Jun 13th, 2011 at 5:13 PM

Report Abuse
Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
Update Your Profile
In Michigan, there is no real distinction between no contest or guilty for purposes of sentencing in the case. No contest ist reated like guilty. (There may be some implication in a later civil case) In Michigan, expungement is available for one misdemeanor or one felony. It takes waiting 5 years, filing of a Petition in the same Court where the jurisdiction occurred, a background check, and the judge granting the Petition to get an expungement. I hope that this was helpful.
Answered on Jun 13th, 2011 at 4:54 PM

Report Abuse
Business Attorney serving Denver, CO
4 Awards
No contest is the equivalent to a guilty plea. Any juvenile record can be expunged (except sex offenses and serious felonies) after the jurisdiction of the court is terminated, but you have to ask.
Answered on Jun 13th, 2011 at 1:11 PM

Report Abuse
Theodore W. Robinson
Sorry, but your son is no longer considered a juvenile by the criminal court. He is an adult after 16 and will be treated as one. It's important that you consult with a criminal defense lawyer right away and get him representation or he could wind up with a criminal record for the rest of his life if he lives in NY. Good luck.
Answered on Jun 13th, 2011 at 12:50 PM

Report Abuse
Criminal Defense Attorney serving Monticello, MN
1 Award
He cannot get that record expunged, and he probably won't be able to get financial aid for college.
Answered on Jun 13th, 2011 at 12:41 PM

Report Abuse
Washington state does not have a "no contest" plea for criminal charges. The charge can ultimately be expunged from his record (unless there is a change in the law) assuming he remains crime free.
Answered on Jun 13th, 2011 at 12:40 PM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
There is no such thing as pleading "no contest" what it amounts to as a plea of guilty as charged. Your son needs a defense attorney and if he does not have one you can retain our office for him.
Answered on Jun 13th, 2011 at 12:40 PM

Report Abuse
Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
Update Your Profile
In the State of New York there is no plea of "no contest". If your Son pleads guilty, then he will face sentencing based on the charge he pleads to. He is probably eligible for Youthful Offender treatment. If so, the conviction is automatically vacated and he may in the future state truthfully that he has never been convicted of a crime.
Answered on Jun 13th, 2011 at 12:26 PM

Report Abuse
Jacob P. Sartz
I would recommend talking to your son's attorney about that issue, if your son has an attorney. If your son does not have an attorney, your son may able to retain an attorney or request an attorney at the public's expense. Your son needs very specific advice that only a properly licensed attorney from your particular jurisdiction with extensive knowledge of your son's file and the particular policies and procedures of your son's particular court could provide. Most attorneys provide free initial consultations. Speaking generally, the procedures and possible sentences are a little different when a juvenile is involved. However, anyone charged with a criminal offense is presumed innocent until proven guilty. The prosecutor needs to prove their case beyond a reasonable doubt. By pleading no-contest or pleading guilty, a charged individual waives, among other rights, their "presumption of innocence" and acknowledges that they are responsible for that act. While the mechanisms of a guilty plea are different from a no-contest plea, the courts still treat them the same for the purposes of sentencing. No-contest pleas are only in option in certain situations and the courts may not accept a no-contest plea. Your son should hire an attorney, consult with his current council, or ask the court to appoint him a lawyer if he needs that type of information.
Answered on Jun 13th, 2011 at 12:25 PM

Report Abuse
Michael J. Breczinski
Sometimes this can be expunged from a person's record but only after 5 years and it can be the only conviction ever. He should get an attorney because maybe something can be worked out that if he stays out of trouble for a period of time, with other conditions like drug treatment, then maybe they will dismiss the matter. He needs an attorney.
Answered on Jun 13th, 2011 at 12:25 PM

Report Abuse
Steven C. Bullock
In response to your question, you don't say whether your son is charged as an adult or juvenile, but let's assume he's charged as an adult. Without knowing the jurisdiction, usually there are diversion programs available where your son could plead, be placed on probation and if he successfully completes probation, the case would be dismissed (as if it never happened). You should contact a local attorney.
Answered on Jun 13th, 2011 at 12:25 PM

Report Abuse
Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
Update Your Profile
He should not do that! There are ways of keeping it off his record now.
Answered on Jun 13th, 2011 at 11:25 AM

Report Abuse
Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
Update Your Profile
First, your 17 year old son is considered an adult in the eyes of the criminal law. This matter will be part of his adult criminal record. Pleading no contest means that he does not contest the charges. The court would then look to the police report to determine if there is a factual basis for the charge. If there is a factual basis the court would then find your son guilty and proceed to sentencing. Could this be expunged later. Maybe, but not until at least 5 years have past.
Answered on Jun 13th, 2011 at 11:25 AM

Report Abuse
Car Accidents Attorney serving Salem, OR at Howard W. Collins
Update Your Profile
Assume Oregon law applies: IF the matter is being handled in juvenile court, then he would be admitting the allegation for purposes of jurisdiction. Generally juvenile matters can be expunged after probation and a waiting period ends.
Answered on Jun 13th, 2011 at 10:50 AM

Report Abuse
Criminal Law Attorney serving Suffern, NY
2 Awards
As a juvenile there should not be a conviction recorded and therefore no need to get it expunged from his record.
Answered on Jun 13th, 2011 at 10:46 AM

Report Abuse
Pleading no contest is the same as pleading guilty. In WA juvenile dispositions can be vacated after a period of time that depends on the seriousness level of the crime (except that sex crimes can no longer be sealed).
Answered on Jun 13th, 2011 at 10:27 AM

Report Abuse
Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
Update Your Profile
Is he being charged as a juvenile or as an adult? Is it one count or more than one count? The process for juveniles is different than adults and is less severe in terms of punishment. As a juvenile, if he has no prior record, he will probably be placed on the juvenile equivalent of probation with a greater emphasis on rehabilitation programs and community service and mentorship programs. As an adult, he would more than likely be placed on probation and possibly eligible for HYTA or 7411 status which could keep the charge permanently off his public record once the conditions of probation are met. Yes, as long as he has no other convictions of any kind on his record, this type of charge can be expunged. As an adult, he would have to wait five years from the day of conviction. As a juvenile, he would have to wait until he's 24 but keep in mind that juvenile records are sealed anyway with only the courts and law enforcement having access to them. Pleading "no contest" is treated the same as pleading guilty since by doing so you are merely saying that you do not contest the information in the complaint or the police reports. Usually people only plead "no contest" when they are worried about a subsequent civil suit because a no contest plea cannot be used as an admission of guilty against you, or the person is too intoxicated to recall exactly what went on. In any event, do not plead to or agree to anything without first having a lawyer review your case. There may be errors that only a trained and experienced eye can spot that could get the charges reduced or dismissed. Your lawyer will also be able to tell you what options are available to keep the charge off his record. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system. Thank you.
Answered on Jun 13th, 2011 at 10:21 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters