Glossary of Criminal Plea Terms West Virginia

dui plea- The term refers to the defendants decision to plea to a drunk driving charge in exchange for obtaining favorable probation terms such as no jail or restrictions to the defendants drivers liscence.

criminal plea- At arraignment in criminal court the person charged with a crime will plea either guilty, not guilty or no contest.

no contest- A defendant's plea not contesting the criminal charges. This is called a plea of nolo contendere and is essentially the same as a guilty plea. While technically not an admission of guilt as to the commission of the crime, the punishment is identical. Such a plea is made in cases where there is pending civil liability. For this reason many states will not permit a no contest plea where there has been injury as a result of the criminal conduct.

nolo contendere- The Latin term for a defendant's plea of not contesting the criminal charges. It is essentially the same as a guilty plea. While technically not an admission of guilt as to the commission of the crime, the punishment is identical. Such a plea is made in cases where there is pending civil liability. For this reason many states will not permit a no contest plea where there has been injury as a result of the criminal conduct.

not guilty- The formal plea at arraignment in which the defendant denies each and every criminal allegation of the complaint. A finding of not guilty can also occur at the conclusion of the trial either by a judge or a jury.

not guilty by reason of insanity- This plea is more of a defense then a response to a criminal allegation. Technically a defendant will have committed the physical act constituting the crime but claim no legal responsibility because he or she was insane when the crime was committed. Since all crime must include criminal intent, the defendant's insanity plea is recognized as a complete defense to the charge -- thereby making the defendant not guilty.

plea- A defendant's formal response to criminal charges brought against him or her in a court of law. The procedural response to these charges can be a plea of not guilty, guilty, or no contest. The initial plea is made at the defendant's arraignment.

plea bargain- A negotiated settlement of a criminal matter between the defendant and his or her attorney on one side and the prosecutor on the other. It usually results in the defendant pleading guilty to a lesser charge in exchange for a reduction in the severity of the penalty. Courts favor plea bargains because they result in judicial expediency and predictability in the outcome of the matter.

For more information on criminal pleas and plea bargains, arraignment pleas, and pleas of no contest to criminal charges go to GotTrouble.com