What is the Difference Between a Guilty and No Contest Plea?
Full Question:
Answer:
You could be fined up to $500 and/or given 60 days in jail. I am unable to speculate on what the judge may inquire about. I suggest you appear on time, dressed properly, and with proof of your change of address.
A no contest plea has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
A nolo contendre plea in a criminal case may not be used against the same person in a civil suit based on the same facts. Therefore, if you were sued later in civil court for damages, it would not be used as an admission of guilt. However, it may be required to be disclosed on certain applications, such as an employment or insurance application. Both a gulty plea and no contest plea may appear on your record as a conviction. If it was accidental and no criminal intent was involved, a not guilty plea may be made.
Please see the following FL statutes:
806.13 Criminal mischief; penalties; penalty for minor. —
(1)(a) A person commits the offense of criminal mischief if he or she
willfully and maliciously injures or damages by any means any real or
personal property belonging to another, including, but not limited to, the
placement of graffiti thereon or other acts of vandalism thereto.
(b)1. If the damage to such property is $200 or less, it is a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
2. If the damage to such property is greater than $200 but less than
$1,000, it is a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
3. If the damage is $1,000 or greater, or if there is interruption or
impairment of a business operation or public communication, transportation,
supply of water, gas or power, or other public service which costs $1,000
or more in labor and supplies to restore, it is a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4. If the person has one or more previous convictions for violating this
subsection, the offense under subparagraph 1. or subparagraph 2. for which
the person is charged shall be reclassified as a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Any person who willfully and maliciously defaces, injures, or damages
by any means any church, synagogue, mosque, or other place of worship, or
any religious article contained therein, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if
the damage to the property is greater than $200.
(3) Whoever, without the consent of the owner thereof, willfully destroys
or substantially damages any public telephone, or telephone cables, wires,
fixtures, antennas, amplifiers, or any other apparatus, equipment, or
appliances, which destruction or damage renders a public telephone
inoperative or which opens the body of a public telephone, commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084; provided, however, that a conspicuous notice of the provisions
of this subsection and the penalties provided is posted on or near the
destroyed or damaged instrument and visible to the public at the time of
the commission of the offense.
(4) Any person who willfully and maliciously defaces, injures, or damages
by any means a sexually violent predator detention or commitment facility,
as defined in part V of chapter 394, or any property contained therein,
commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084, if the damage to property is greater than $200.
(5)(a) The amounts of value of damage to property owned by separate
persons, if the property was damaged during one scheme or course of
conduct, may be aggregated in determining the grade of the offense under
this section.
(b) Any person who violates this section may, in addition to any other
criminal penalty, be required to pay for the damages caused by such
offense.
(6)(a) Any person who violates this section when the violation is related
to the placement of graffiti shall, in addition to any other criminal
penalty, be required to pay a fine of:
1. Not less than $250 for a first conviction.
2. Not less than $500 for a second conviction.
3. Not less than $1,000 for a third or subsequent conviction.
(b) Any person convicted under this section when the offense is related
to the placement of graffiti shall, in addition to any other criminal
penalty, be required to perform at least 40 hours of community service and,
if possible, perform at least 100 hours of community service that involves
the removal of graffiti.
(c) If a minor commits a delinquent act prohibited under paragraph (a),
the parent or legal guardian of the minor is liable along with the minor
for payment of the fine. The court may decline to order a person to pay a
fine under paragraph (a) if the court finds that the person is indigent and
does not have the ability to pay the fine or if the court finds that the
person does not have the ability to pay the fine whether or not the person
is indigent.
(7) In addition to any other penalty provided by law, if a minor is found
to have committed a delinquent act under this section for placing graffiti
on any public property or private property, and:
(a) The minor is eligible by reason of age for a driver's license or
driving privilege, the court shall direct the Department of Highway Safety
and Motor Vehicles to revoke or withhold issuance of the minor's driver's
license or driving privilege for not more than 1 year.
(b) The minor's driver's license or driving privilege is under suspension
or revocation for any reason, the court shall direct the Department of
Highway Safety and Motor Vehicles to extend the period of suspension or
revocation by an additional period of not more than 1 year.
(c) The minor is ineligible by reason of age for a driver's license or
driving privilege, the court shall direct the Department of Highway Safety
and Motor Vehicles to withhold issuance of the minor's driver's license or
driving privilege for not more than 1 year after the date on which he or
she would otherwise have become eligible.
(8) A minor whose driver's license or driving privilege is revoked,
suspended, or withheld under subsection (7) may elect to reduce the period
of revocation, suspension, or withholding by performing community service
at the rate of 1 day for each hour of community service performed. In
addition, if the court determines that due to a family hardship, the
minor's driver's license or driving privilege is necessary for employment
or medical purposes of the minor or a member of the minor's family, the
court shall order the minor to perform community service and reduce the
period of revocation, suspension, or withholding at the rate of 1 day for
each hour of community service performed. As used in this subsection, the
term "community service" means cleaning graffiti from public property.
(9) Because of the difficulty of confronting the blight of graffiti, it
is the intent of the Legislature that municipalities and counties not be
preempted by state law from establishing ordinances that prohibit the
marking of graffiti or other graffiti-related offenses. Furthermore, as
related to graffiti, such municipalities and counties are not preempted by
state law from establishing higher penalties than those provided by state
law and mandatory penalties when state law provides discretionary
penalties. Such higher and mandatory penalties include fines that do not
exceed the amount specified in ss. 125.69 and 162.21, community service,
restitution, and forfeiture. Upon a finding that a juvenile has violated a
graffiti-related ordinance, a court acting under chapter 985 may not
provide a disposition of the case which is less severe than any mandatory
penalty prescribed by municipal or county ordinance for such violation.
775.083 Fines. —
(1) A person who has been convicted of an offense other than a capital
felony may be sentenced to pay a fine in addition to any punishment
described in s. 775.082; when specifically authorized by statute, he or she
may be sentenced to pay a fine in lieu of any punishment described in s.
775.082. A person who has been convicted of a noncriminal violation may be
sentenced to pay a fine. Fines for designated crimes and for noncriminal
violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second
degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or
a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the
offense by the offender or double the pecuniary loss suffered by the
victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the
court in the fine and forfeiture fund established pursuant to s. 142.01,
except that fines imposed when adjudication is withheld shall be
deposited in the State Courts Revenue Trust Fund, and such fines imposed
when adjudication is withheld are not revenue for purposes of s. 28.36
and may not be used in establishing the budget of the clerk of the court
under that section or s. 28.35. If a defendant is unable to pay a fine,
the court may defer payment of the fine to a date certain. As used in
this subsection, the term "convicted" or "conviction" means a
determination of guilt which is the result of a trial or the entry of a
plea of guilty or nolo contendere, regardless of whether adjudication is
withheld.
(2) In addition to the fines set forth in subsection (1), court costs
shall be assessed and collected in each instance a defendant pleads nolo
contendere to, or is convicted of, or adjudicated delinquent for, a
felony, a misdemeanor, or a criminal traffic offense under state law, or
a violation of any municipal or county ordinance if the violation
constitutes a misdemeanor under state law. The court costs imposed by
this section shall be $50 for a felony and $20 for any other offense and
shall be deposited by the clerk of the court into an appropriate county
account for disbursement for the purposes provided in this subsection. A
county shall account for the funds separately from other county funds as
crime prevention funds. The county, in consultation with the sheriff,
must expend such funds for crime prevention programs in the county,
including safe neighborhood programs under ss. 163.501-163.523.
(3) The purpose of this section is to provide uniform penalty
authorization for criminal offenses and, to this end, a reference to this
section constitutes a general reference under the doctrine of
incorporation by reference.
775.082 Penalties; applicability of sentencing structures; mandatory
minimum sentences for certain reoffenders previously released from prison.
—
(1) A person who has been convicted of a capital felony shall be punished
by death if the proceeding held to determine sentence according to the
procedure set forth in s. 921.141 results in findings by the court that
such person shall be punished by death, otherwise such person shall be
punished by life imprisonment and shall be ineligible for parole.
(2) In the event the death penalty in a capital felony is held to be
unconstitutional by the Florida Supreme Court or the United States Supreme
Court, the court having jurisdiction over a person previously sentenced to
death for a capital felony shall cause such person to be brought before the
court, and the court shall sentence such person to life imprisonment as
provided in subsection (1). No sentence of death shall be reduced as a
result of a determination that a method of execution is held to be
unconstitutional under the State Constitution or the Constitution of the
United States.
(3) A person who has been convicted of any other designated felony may be
punished as follows:
(a)1. For a life felony committed prior to October 1, 1983, by a term of
imprisonment for life or for a term of years not less than 30.
2. For a life felony committed on or after October 1, 1983, by a term of
imprisonment for life or by a term of imprisonment not exceeding 40 years.
3. Except as provided in subparagraph 4., for a life felony committed
on or after July 1, 1995, by a term of imprisonment for life or by
imprisonment for a term of years not exceeding life imprisonment.
4.a. Except as provided in sub-subparagraph b., for a life felony
committed on or after September 1, 2005, which is a violation of s.
800.04(5)(b), by:
(I) A term of imprisonment for life; or
(II) A split sentence that is a term of not less than 25 years'
imprisonment and not exceeding life imprisonment, followed by probation or
community control for the remainder of the person's natural life, as
provided in s. 948.012(4).
b. For a life felony committed on or after July 1, 2008, which is a
person's second or subsequent violation of s. 800.04(5)(b), by a term of
imprisonment for life.
(b) For a felony of the first degree, by a term of imprisonment not
exceeding 30 years or, when specifically provided by statute, by
imprisonment for a term of years not exceeding life imprisonment.
(c) For a felony of the second degree, by a term of imprisonment not
exceeding 15 years.
(d) For a felony of the third degree, by a term of imprisonment not
exceeding 5 years.
(4) A person who has been convicted of a designated misdemeanor may be
sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of
imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of
imprisonment not exceeding 60 days.
(5) Any person who has been convicted of a noncriminal violation may not
be sentenced to a term of imprisonment nor to any other punishment more
severe than a fine, forfeiture, or other civil penalty, except as provided
in chapter 316 or by ordinance of any city or county.
(6) Nothing in this section shall be construed to alter the operation of
any statute of this state authorizing a trial court, in its discretion, to
impose a sentence of imprisonment for an indeterminate period within
minimum and maximum limits as provided by law, except as provided in
subsection (1).
(7) This section does not deprive the court of any authority conferred by
law to decree a forfeiture of property, suspend or cancel a license, remove
a person from office, or impose any other civil penalty. Such a judgment or
order may be included in the sentence.
(8)(a) The sentencing guidelines that were effective October 1, 1983, and
any revisions thereto, apply to all felonies, except capital felonies,
committed on or after October 1, 1983, and before January 1, 1994, and to
all felonies, except capital felonies and life felonies, committed before
October 1, 1983, when the defendant affirmatively selects to be sentenced
pursuant to such provisions.
(b) The 1994 sentencing guidelines, that were effective January 1, 1994,
and any revisions thereto, apply to all felonies, except capital felonies,
committed on or after January 1, 1994, and before October 1, 1995.
(c) The 1995 sentencing guidelines that were effective October 1, 1995,
and any revisions thereto, apply to all felonies, except capital felonies,
committed on or after October 1, 1995, and before October 1, 1998.
(d) The Criminal Punishment Code applies to all felonies, except capital
felonies, committed on or after October 1, 1998. Any revision to the
Criminal Punishment Code applies to sentencing for all felonies, except
capital felonies, committed on or after the effective date of the revision.
(e) Felonies, except capital felonies, with continuing dates of
enterprise shall be sentenced under the sentencing guidelines or the
Criminal Punishment Code in effect on the beginning date of the criminal
activity.
(9)(a)1. "Prison releasee reoffender" means any defendant who commits, or
attempts to commit:
a. Treason;
b. Murder;
c. Manslaughter;
d. Sexual battery;
e. Carjacking;
f. Home-invasion robbery;
g. Robbery;
h. Arson;
i. Kidnapping;
j. Aggravated assault with a deadly weapon;
k. Aggravated battery;
l. Aggravated stalking;
m. Aircraft piracy;
n. Unlawful throwing, placing, or discharging of a destructive device or
bomb;
o. Any felony that involves the use or threat of physical force or
violence against an individual;
p. Armed burglary;
q. Burglary of a dwelling or burglary of an occupied structure; or
r. Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071,
or s. 847.0135(5);
within 3 years after being released from a state correctional facility
operated by the Department of Corrections or a private vendor or within 3
years after being released from a correctional institution of another
state, the District of Columbia, the United States, any possession or
territory of the United States, or any foreign jurisdiction, following
incarceration for an offense for which the sentence is punishable by more
than 1 year in this state.
2. "Prison releasee reoffender" also means any defendant who commits or
attempts to commit any offense listed in sub-subparagraphs (a)1.a.-r. while
the defendant was serving a prison sentence or on escape status from a
state correctional facility operated by the Department of Corrections or a
private vendor or while the defendant was on escape status from a
correctional institution of another state, the District of Columbia, the
United States, any possession or territory of the United States, or any
foreign jurisdiction, following incarceration for an offense for which the
sentence is punishable by more than 1 year in this state.
3. If the state attorney determines that a defendant is a prison releasee
reoffender as defined in subparagraph 1., the state attorney may seek to
have the court sentence the defendant as a prison releasee reoffender. Upon
proof from the state attorney that establishes by a preponderance of the
evidence that a defendant is a prison releasee reoffender as defined in
this section, such defendant is not eligible for sentencing under the
sentencing guidelines and must be sentenced as follows:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of 30
years;
c. For a felony of the second degree, by a term of imprisonment of 15
years; and
d. For a felony of the third degree, by a term of imprisonment of 5
years.
(b) A person sentenced under paragraph (a) shall be released only by
expiration of sentence and shall not be eligible for parole, control
release, or any form of early release. Any person sentenced under
paragraph (a) must serve 100 percent of the court-imposed sentence.
(c) Nothing in this subsection shall prevent a court from imposing a
greater sentence of incarceration as authorized by law, pursuant to s.
775.084 or any other provision of law.
(d)1. It is the intent of the Legislature that offenders previously
released from prison who meet the criteria in paragraph (a) be punished to
the fullest extent of the law and as provided in this subsection, unless
the state attorney determines that extenuating circumstances exist which
preclude the just prosecution of the offender, including whether the victim
recommends that the offender not be sentenced as provided in this
subsection.
2. For every case in which the offender meets the criteria in paragraph
(a) and does not receive the mandatory minimum prison sentence, the state
attorney must explain the sentencing deviation in writing and place such
explanation in the case file maintained by the state attorney. On an
annual basis, each state attorney shall submit copies of deviation
memoranda regarding offenses committed on or after the effective date of
this subsection, to the president of the Florida Prosecuting Attorneys
Association, Inc. The association must maintain such information, and
make such information available to the public upon request, for at least
a 10-year period.
(10) If a defendant is sentenced for an offense committed on or after
July 1, 2009, which is a third degree felony but not a forcible felony as
defined in s. 776.08, and excluding any third degree felony violation under
chapter 810, and if the total sentence points pursuant to s. 921.0024 are
22 points or fewer, the court must sentence the offender to a nonstate
prison sanction. However, if the court makes written findings that a
nonstate prison sanction could present a danger to the public, the court
may sentence the offender to a state correctional facility pursuant to this
section.
(11) The purpose of this section is to provide uniform punishment for
those crimes made punishable under this section and, to this end, a
reference to this section constitutes a general reference under the
doctrine of incorporation by reference.
