Chapter 2 - § 2.2 • NO CONTEST PLEAS

• Jurisdiction: Colorado

§ 2.2 • NO CONTEST PLEAS

The phrase "nolo contendere" is Latin for "I will not contest it," and is often referred to as a "no contest" plea.

The no contest plea is authorized by both statute and rule, but can only be made with the consent of the court. C.R.S. § 16-7-205(1)(c); Crim. P. 11(a). The plea does not admit or deny the charge, but a sentence may be imposed pursuant to such a plea. Black's Law Dictionary, 8th Ed.; Jones v. District Court, 584 P.2d 81 (Colo. 1978); see also 152 A.L.R. 253, 267 (1944). Crim. P. 11(b) requires that a defendant who pleads no contest must also be advised pursuant to Crim. P. 5(a)(2) and 11. A no contest plea that is made voluntarily and understandingly, and with a factual basis, will generally be upheld. People v. Canino, 508 P.2d 1273 (Colo. 1973).

Whether to give such consent is left to the broad discretion of the trial court. See cases cited in People v. Darlington, 105 P.3d 230, 233 (Colo. 2005). Historically, a no contest plea was not admissible in civil actions. However, as further noted in this section, pursuant to C.R.S. § 42-4-1713, traffic convictions may not be used in civil cases in any event. A no contest plea otherwise operates identically to a guilty plea for all practical purposes.

The court may accept a no contest plea even in conjunction with a deferred sentence under C.R.S. § 18-1.3-102. Such a plea should be accepted by the court only after due consideration of the views of the parties and the interest of the public in the effective administration of justice. See F.R.C.P. 11(a)(3). There are no clear standards or specific factors enumerated to assist a court in determining when to accept a plea of no contest. However, the Colorado Supreme Court in Darlington, 105 P.3d at 232-33, noted a number of factors to be considered in a court's exercising its independent judgment in deciding whether to grant charge and sentence concessions in compliance with C.R.S. § 16-7-302(3) and Crim. P. 11. The court then examined the practical function that the no contest plea serves in the administration of justice. A trial court may find a review of the Darlington case instructive in exercising independent judgment. Failure to exercise discretion, unless otherwise barred by law, is itself an abuse of discretion. The ABA Standards for Criminal Justice: Pleas of Guilty, acknowledge the use of the plea, but do not establish specific standards for its use except for a requirement that the defendant personally appear to...