What will happen if my juvenile son pleads no contest? 34 Answers as of June 16, 2011

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?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
He should try to get an ACOD (Adjournment in Contemplation of Dismissal ) which means the case is adjourned for 6 months to a year and if he does not get in trouble again the case will be automatically dismissed. He should hire an attorney to try to get an ACOD. This is better than pleading no contest which has the effect of a conviction ( an ACOD does not ). Also since he is 19 or under he may qualify for Youthful Offender treatment which means the conviction would be vacated and the records sealed.
Answer Applies to: New York
Replied: 6/16/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
In Juvenile Court, things are not the same as adult court, thankfully. In Alabama, the record will not likely be expunged, but there is no real need, as the juvenile is not found "guilty" of anything, rather, they are found delinquent if the state proves the case. However, typically, if there is no bad criminal history, probation and counseling are to be anticipated. Further, the record is sealed for juveniles, and since they are not "guilty," they can honestly answer future job applications accordingly. Stay well.
Answer Applies to: Alabama
Replied: 6/15/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
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.
Answer Applies to: California
Replied: 6/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
A plea of no contest will result in a guilty finding by the judge. A conviction or juvenile adjudication can be expunged after the time period expires, usually 3 years.
Answer Applies to: Kansas
Replied: 6/14/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 6/14/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    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.
    Answer Applies to: Louisiana
    Replied: 6/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    He will probably get a fine and maybe some community service if this is his first offense. This misdemeanor can be expunged.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    The court may exercise its discretion and allow your son to plead Nolo Contendere. However, the only benefit will be that his license won't be suspended. He can also plead out under the drug first offender act and won't lose his license. He will not be able to get his arrest expunged. Expungement only applies when someone is arrested and the case is either dismissed or the person goes to trial and is found not guilty. The only way to get rid of a conviction is to receive a pardon from the governor's office.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York does not have a "no contest" plea, but he is eligible for Youthful Offender Treatment. He will probably have the case dismissed, but even if the DA wants a guilty plea he will not have a criminal record. You should get him some counseling so that he does not get involved with hard drugs like meth, heroin, cocaine, and Oxycontin. Ask his attorney to explain the matter to you and discuss the options with him.
    Answer Applies to: New York
    Replied: 6/13/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    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.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    First, if your son is 17, he is not a juvenile, in Illinois. He will be treated as an adult, in adult court. There is a possibility that he might receive supervision, which is done on a plea of guilty, for first time offenders, and is expungeable. He may have to do some community service, but in any case, please retain an attorney to represent him to insure a disposition that is most beneficial to him. If this is an Illinois case, you can contact me to discuss this matter further.
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | 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.
    Answer Applies to: New York
    Replied: 6/13/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    In Colorado, pdp is punishable by a fine of up to $100. In Colorado, charges cannot be expunged, they potentially can be sealed. Whether or not he can seek to have the charge sealed depend upon the what the plea agreement he signs (if he signs one) says about that.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    If he pleads no contest he will have a conviction. You should talk to an attorney.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    He cannot get that record expunged, and he probably won't be able to get financial aid for college.
    Answer Applies to: Minnesota
    Replied: 6/13/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    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.
    Answer Applies to: New York
    Replied: 6/13/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    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.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    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.
    Answer Applies to: New York
    Replied: 6/13/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Attorney at Law
    Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    Juvenile files are sealed and really do not require expungement at the end of probation though there is a procedure to do so. What the disposition of his case will be depends on many factors which the court will consider after the probation officer does a report. The crime carries the same maximum as for an adult, 6 months.
    Answer Applies to: California
    Replied: 6/13/2011
    The Woods Law Firm
    The Woods Law Firm | F.W. Woods Jr.
    No - A no contest is the same as a guilty plea. He needs to get PTI (Pretrial Intervention) in order to have the charge expunged.
    Answer Applies to: South Carolina
    Replied: 6/13/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    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.
    Answer Applies to: Oregon
    Replied: 6/13/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    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).
    Answer Applies to: Washington
    Replied: 6/13/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    As a juvenile there should not be a conviction recorded and therefore no need to get it expunged from his record.
    Answer Applies to: New York
    Replied: 6/13/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    No contest is the equivalent of a guilty plea. It will not be expunged. As far as what will happen, I suspect that the sentence will involve probation, community service and some drug counseling, to include piss tests. However, if there are other circumstances the penalty may be greater. See my website for other helpful hints.
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    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.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    He should not do that! There are ways of keeping it off his record now.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I would assume that your 17 year old son's pending case in in Juvenile Court. If so, there should be no record of the disposition. If he is not in Juvenile Court, he should request and most likely will be granted youthful offender status. If granted youthful offender status there would be no record of his conviction. A charge for possession of drug paraphernalia is a class A misdemeanor. In Juvenile Court he is likely to be facing probation and drug education and counseling. If in municipal or District Court he is likely facing a fine of likely not more than $500.00 plus cost, and probation for one to two years. The probation could include drug counseling and treatment along with random or regular drug testing.
    Answer Applies to: Alabama
    Replied: 6/13/2011
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