I posted previous note before this, didn’t mean to argue—-but, you know me.

Anyhoo, there have been cases of people who are factually innocent pleading nolo contendere. They just don’t want to gamble with potential consequences.

If you’re facing the death penalty and the facts seem lined up against you, 5 years with Big Bubba may sound preferable to Old Sparky, even though he’s retired.

Some who have been freed by DNA evidence after twenty years pled nolo contendere or even guilty to a rape DNA shows they COULD NOT HAVE COMMITTED as charged. They may have stood by and figured that was just as bad, may have even been waiting their turn and missed their chance for whatever reason. (I suspect some may even be chimeras–single humans formed from two different fertilized cells–and their crime scene DNA doesn’t match their cheek swab DNA, but have never seen where such was proven.)

There was an interesting case in Pensacola several years back when the defendant said “Nolo contendere even though I’m innocent.”

The judge explained to him nolo contendere was an admission of guilt and asked why he was pleading it if he was innocent. The man explained that “somebody” had told him it would be better to plead that for his first offence charge since he would get a lighter sentence if he didn‘t fight it.

The judge asked him to identify the lawyer who so advised. He couldn’t. The judge looked at the listed evidence and the charges and threw the case out.

David considering reasons for false actions,
not that they apply here

For example, a victim could not use “nolo contendere” in a civil suit but could use “guilty” in one.

In fact, a judge can even throw out a plea of GUILTY for a number of reasons. Interesting world in which we live isn’t it?

Point goes to Mary

@Tatemom- I assure you that out of all of the stupid things I did while a teenager, or even since then, I have NEVER “grabbed a girl by the neck and forced her head down into his bare crotch”! I dont care if he was 12 he should be in jail! If it were your daughter you would agree. I totally get the “kids will be kids” thing in most cases but not in a “felony sexual battery and indecent exposure” case.

The code for disposition of a case is:
DISPOSED BY PLEA (GUILTY/NOLO) CRIMINAL

Legally, there is no difference between guilty and nolo. When you say you don’t contest the charge, you are saying you do not disagree with it. It’s like a double negative, if you don’t disagree with it, that means you DO agree with it.

But this isn’t grammar, rather how it is looked upon by the courts. It’s usually used when presented with the evidence against the one charged and he can see it’s sufficient to convict so he agrees to the charge to avoid danger of the maximum penalty possible. The prosecution accepts a nolo in exchange for recommending lower punishment and not having the expense of court time.

They also avoid the danger of a juror who says, “I don’t care if it’s obvious he did it; I just won’t vote to convict because the victim had it coming because she wasn‘t wearing a burqa. Besides women shouldn‘t be allowed in school with men.” In such cases they can usually still get a conviction but have to retry the case.

David contemplating sharia law
and similar attitudes

Because he was charged with a felony. The name, address and photo of any juvenile charge with a felony is public record in Florida. That’s why the Sheriff’s Office emailed the info and photo to all local media.

1. Entering a plea of “guilty,” means just that. Entering a plea of “not guilty” means the case would have to go through the process of an actual trial (by judge), dragging out for many months, and at significant expense to the taxpayers. Entering a plea of “no contest,” simply means he is not contesting the matter, NOR pleaing guilty.

2. Let us remember that this guy is S I X T E E N Y E A R S – O L D. SIXTEEN YEAR-OLD BRAINS do not work like adult brains. They do not always make sound choices and decisions (both males and females), THAT IS WHY THEY ARE CONSIDERED MINORS! They are not ready to fly solo in the real world on their own. Their minds and decision-making skills are developing—and, yes, they make mistakes. The idea is that hopefully they learn from those mistakes.

Get a grip, people. Look back on your own teen years, and think about how many fantastic decisions you made before you actually grew up.

3. Finally, why was this boy’s full name and photo published publicly? It is my understanding that it is against the law to reveal identitiies of juveniles without consent of their PARENTS, except in extenuating cases where they are charged as adults.