[Worried Momma]

My question involves criminal law for the state of: Oklahoma

Can pleading "No Contest" to an assault and Battery charge be used against you in a civil suit, pretaining to the same incident?

[aardvarc]

yes - it can

[Mr. Knowitall]

I'm less certain of that; I would want to check your state's rules of evidence, but I can't find a copy online.

[divemedic]

Here is the answer, from : http://www.nolocontendere.org/


Nolo contendere allows a defendant in a criminal action to accept the court’s punishment for a crime without having to admit guilt. Why is this better than pleading guilty? One crime or criminal action is often tied to another, and a defendant may not want to admit guilt to one crime that might be linked to other actions pending against him or her. Pleading no contest allows the defendant to move ahead in court proceedings without having an admission of guilt on the court records to be used as evidence in another trial. Nolo contendere essentially means that the defendant does not admit nor deny the charges, but will accept the penalties for the crime without protest.

For instance, say that a defendant pleads no contest to charges of reckless driving. The court can impose a fine or other penalties for the charge, but the defendant has not confessed to the crime or admitted guilt. If there is a pending civil action for damages to property, the reckless driving charge cannot be used as evidence to prove that the defendant did actually damage someone’s property. The prosecutor will have to come up with independent evidence to support the accusation. If the defendant had pled guilty to reckless driving, it would be an easier matter to prove that such reckless driving caused property damage to the plaintiff. Nolo contendere is most likely to be used in cases from which a civil suit for monetary damages is likely to arise, but there are other cases as well that make it a good choice for the defendant. Finding a specialized attorney can be tough, that's why it's important to research the laws and hire an experienced lawyer to defend your rights.

[GuyInTexas]

first off, i am here asking questions same as you. This following is something I found while I was researching online looking for answers to my own issue(s). I am sure that if you google part of the sentence you can see where I obtained it.

In practice "no contest" means the same thing as "guilty." As far as the criminal charge is concerned it will be the same. You will be found guilty. No contest is usually to avoid making statements in court that could be used in other (civil) actions.