When facing criminal charges in Wisconsin, defendants are often offered a plea agreement. Most people know about guilty pleas — but a no-contest plea (also called a nolo contendere plea) is a distinct option with specific advantages in certain situations.
What Is a No-Contest Plea?
A no-contest plea means you are not admitting guilt, but you are accepting the conviction and its consequences without contesting the charges. The court treats it identically to a guilty plea for purposes of sentencing — you will be convicted and sentenced the same way.
The Critical Difference: Civil Liability
The key distinction is in civil litigation. A guilty plea can be used as an admission of liability in a subsequent civil lawsuit against you. A no-contest plea generally cannot be used this way in Wisconsin — it cannot be admitted as evidence of liability in a civil case arising from the same incident.
This matters most in cases involving accidents, injuries, or other incidents where a civil lawsuit is likely to follow the criminal case. An OWI involving an accident, an assault, or a domestic incident where the other party might sue are all situations where the no-contest option deserves serious consideration.
When It Doesn’t Help
If there is no realistic civil liability concern, the no-contest plea offers no practical advantage over a guilty plea. It does not reduce the criminal sentence, affect your record differently, or provide any other benefit. The decision should be driven by whether civil exposure is a real risk.
The Decision Requires an Attorney
Evaluating whether to plead guilty, no-contest, or not guilty — and whether a plea agreement is worth accepting at all — requires a thorough understanding of your specific case. Attorney Christopher Carson handles this analysis for every client. Call (262) 860-8932.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Arrested in Wisconsin? Your Rights During a Stop, a Search, and Questioning · Charged With Drug Possession in Wisconsin? What You’re Actually Facing · What Is a Deferred Prosecution Agreement in Wisconsin — and Could It Keep a Conviction Off Your Record?
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.