Pleas
Under our American system of justice, all persons are presumed to be innocent until proven guilty. On a plea of not guilty, a formal trial is held. As in all criminal trials, the State is required to prove the guilt of the defendant “beyond a reasonable doubt” of the offense charged in the complaint before a defendant can be found guilty by a judge or jury.
Your decision concerning which plea to enter is very important. Please consider each plea carefully before making a decision. If you plead guilty or nolo contendere (no contest), you should be prepared to pay the fine and court costs.
Before entering your plea, you should understand the following:
- The State has the burden of proving that you violated the law (the law does not require that you prove you did not violate the law);
- You have the right to hear the State’s evidence and to require the State to prove you violated the law; and
- A plea of guilty may be used against you later in a civil suit IF there was a traffic accident (another party can say you were at fault or responsible for the accident because you pled guilty to the traffic charges).
Plea of Guilty
By a plea of guilty, you admit that the act is prohibited by law, that you committed the act charged, that you have no affirmative defense, and are waiving your right to a trial.
Plea of Nolo Contendere (No Contest)
A plea of nolo contendere means that you do not contest the State’s charge against you. You will almost certainly be found guilty, unless you are eligible and successfully complete a driving safety course and/or court ordered probation. Also, a plea of nolo contendere cannot be used against you in a subsequent civil suit for damages.
Plea of Not Guilty
A plea of not guilty means that you are denying guilt or that you have an affirmative defense in your case, and that the State must prove what it has charged against you. You have the right to retain an attorney and have them try your case or you may represent yourself. If you represent yourself, the link for Trial Procedures will help you to understand trial procedures.
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