Is it better to plead no contest or guilty in a retail fraud case? 5 Answers as of June 03, 2011

What is better to plea: guilty or non-contest? I do take medications for depression and anxiety. That day I was in town from early morning with a baby.

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You are treated and sentenced as if you are guilty under either a guilty or no contest plea. One important difference can be in a civil case connected to the retail fraud or in another case. If you plead guilty, then the conviction can be introduced as evidence in certain situations, whereas a no contest plea may not be admissible. This will depend on a host of factors and should be discussed with your attorney. It would be better if the matter were taken under a deferred sentence, MCL 771.1. In such an instance, the end result is a dismissal, provided you do not violate the terms of your sentence. Again, you should discuss this with your attorney. I hope that this was helpful
Answer Applies to: Michigan
Replied: 6/3/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
A plea of guilty is an admission that you did the act. A plea of no contest simply says that you are not contesting the charge. The court will then generally look to the police report to see if there is a factual basis for a finding of guilt. If there is, the court will then enter a guilty plea. A no contest plea is generally used when a person does not want to admit guilt because of some underlying liability such as in a car accident.
Answer Applies to: Michigan
Replied: 6/3/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Don't plead guilty or no contest to anything without consulting with a lawyer first. You need to have a lawyer evaluate the police report and evidence to determine what is the best option for you. For the most part, pleading guilty and no contest is the same thing. No Contest just means that you are not contesting the complaint against you. It's usually only used when people are too high or drunk to remember what occurred, or for people who fear a subsequent civil suit and therefore their plea of no contest cannot be used against them as an admission of guilt. Depending on your record, you may be eligible for a diversion program which could keep the conviction off your record. You definitely need to consult with an attorney first.
Answer Applies to: Michigan
Replied: 6/2/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Pleading no contest or guilty both result in a person having a record. All no contest means is "I don't admit that I am guilty; but I don't contest the charge and you can treat me as if I am guilty". It is used in cases for several reasons like lack of memory, chance of being sued over the incident, the subject matter is extremely bad etc. Is this your first time being charged with any theft offense? If so you might want to get an attorney, because often then you can get a deal that if you keep clean you can get the matter off your record. Theft offenses are a red flag to potential employers.
Answer Applies to: Michigan
Replied: 6/2/2011
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Neither one. You need an attorney to handle the case so you have no criminal record. I handle dozens of these each year. Call me to discuss.
Answer Applies to: Michigan
Replied: 6/2/2011
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