What is the difference between a plea bargain and a plea of nolo contendere?
A plea bargain and a plea of nolo contendere are two common legal proceedings for white collar crime cases in South Dakota. The main difference between the two is the outcome for the accused. A plea bargain is an agreement between a defendant and a prosecuting attorney. In this type of deal, the accused agrees to plead guilty to some or all of the charges against them in exchange for a reduced sentence, dismissal of certain charges, or a reduced plea. This is beneficial to both parties, as it spares the accused the time and expense of a full trial, while allowing the prosecuting attorney to get a conviction without having to pursue the case in court. A plea of nolo contendere (also known as “no contest”) is a plea entered on behalf of a defendant that allows them to avoid a full trial while preserving their Fifth Amendment right not to incriminate themselves. This type of plea does not result in any admission of guilt, and in South Dakota, the accused cannot be forced to enter a plea of no contest. The court will usually accept this type of plea as if it were a guilty plea, resulting in some sort of punishment. In summary, a plea bargain is an agreement between the defendant and the prosecutor that results in a guilty plea, while a plea of nolo contendere allows the accused to avoid a full trial without admitting guilt. Both proceedings serve different purposes and can have different outcomes depending on the circumstances of the case.
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