MCR 6.302 also provides for a nolo contendere plea. However, this plea can only be entered with the consent of the court. The difference between this plea and a guilty plea is that the defendant pleading nolo contendere will not be required to recite admissions that include all of the material elements of the offense. There must be a reason he or she cannot or will not do so, such as lack of memory, intoxication at the time of the offense, or potential civil liability in circumstances where admissions on the record in open court might be used against the defendant.
In taking a nolo contendere plea, the court must state why such a plea is appropriate and must conduct a hearing (unless there has been one) that establishes support for finding the defendant guilty either of the offense charged or of the offense to which he or she is pleading. MCR 6.302(D)(2).
In practice, there is seldom a full-scale hearing on a nolo contendere plea. Instead, within the discretion of the court, evidence from the preliminary examination, the police report, or a similar source is admitted by stipulation.
One advantage of a nolo contendere plea is that it cannot be used as an admission in a civil case. There is an exception to this if the criminal defendant is making a claim in the civil case. MRE 410(2).
In taking a nolo contendere plea, the court must state why such a plea is appropriate and must conduct a hearing (unless there has been one) that establishes support for finding the defendant guilty either of the offense charged or of the offense to which he or she is pleading. MCR 6.302(D)(2).
In practice, there is seldom a full-scale hearing on a nolo contendere plea. Instead, within the discretion of the court, evidence from the preliminary examination, the police report, or a similar source is admitted by stipulation.
One advantage of a nolo contendere plea is that it cannot be used as an admission in a civil case. There is an exception to this if the criminal defendant is making a claim in the civil case. MRE 410(2).
