Legal Question in Criminal Law in California
Pleading No-contest or Guilty
I am charged with one count of Grand Theft. My attorney wants me to plead Guilty to this charge to alleviate the DA from filing multiple counts. I made a mistake in paying some bills and feel this is wrong. I would rather plead no contest. The DA says after pleading they will figure out restitution. I am concerned about any plea other than not guilty.
I admit to writing the check and believe that I have made restitution already.
3 Answers from Attorneys
Re: Pleading No-contest or Guilty
A no contest plea is the equivalent of a guilty plea. A no contest plea does not have the same effect of you are sued civilly for the same conduct.
You should contact another attorney and get a second opinion before you change your plea. Many local bar associations have a program to allow you to have a conference with an experienced attorney for a small fee.
Re: Pleading No-contest or Guilty
The no contest plea has been adequately covered by the other two attorneys who sent answers. However, there is ultimately the question of, whether you're guilty or not, can the D. A. prove it? There are many possible defenses to a bad check charge. To give you some insight into the facts of life as to your case I'd need to know more of the evidence the D. A. has i.e., was the check written for an initial purchase or was it written to pay an existing bill, etc. I don't understand your attorney's comment about filing more counts. The D. A.s always overcharge the complaints. However, the counts on the initial complaint are probably all you'll be charged with. Even if the case is being handled as a felony the information will not normally have a greater number of counts. And then so what? You committed one act, and you'll receive one sentence.
Re: Pleading No-contest or Guilty
The only difference between guilty and no contest is the civil consequences. With a no contest plea, you cannot be held civily liable unless they prove their case, while with a guilty plea, that is considered an admission of liablity. If you paid back the funds, there is no real difference.
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