Considering a Nolo Contendere Plea in a Florida Vehicular Homicide Case?

A nolo contendere plea lets a defendant avoid fighting the charge without admitting guilt. In a nolo contendere vehicular homicide Florida case, the court must consent before it accepts that plea, and the plea still leads to a conviction and a sentence. This guide explains the rules, how the plea compares to a guilty plea, and what it changes for sentencing, civil claims, immigration and licenses. It is written for people facing a plea decision in Miami-Dade County, Broward County and across South Florida. Patrick David Wilson is the lawyer responsible for this page at Patrick Wilson Law, a Miami criminal defense firm.

What a Nolo Contendere Plea Means Under Florida Rule 3.170

Fla. R. Crim. P. 3.170 says a defendant may plead not guilty, guilty, or, with the consent of the court, nolo contendere. So the judge decides whether to take the plea.

A nolo plea is not a side option outside the court process. It is entered in the criminal case itself, in open court, and the defendant enters it. The same rule lets the court allow a plea to be withdrawn before sentence. The court may do so in its discretion, and on good cause it must. That gives you a way back if a plea was a mistake. Timing matters, so raise the issue quickly if it comes up.

How a No-Contest Plea Differs From a Guilty Plea

A guilty plea admits the charge is true. A nolo plea does not admit it in those words, but the court still moves toward a finding of guilt and a sentence. Both pleas need a factual basis. Fla. R. Crim. P. 3.172 requires the judge to find that a factual basis exists before accepting either plea.

Both pleas also end the trial. Under Rule 3.172, after a guilty plea, or a nolo plea that is accepted and leads to adjudication, there will not be a further trial of any kind. A defendant who pleads nolo without expressly reserving the right to appeal gives up the right to appeal matters tied to the judgment, including guilt or innocence.

Rule 3.172 covers the plea advisements, including that the defendant has the right to be represented by an attorney at every stage of the proceeding; the duty on defense counsel to tell you about every plea offer and its likely results is in Rule 3.171. Fla. R. Crim. P. 3.171 requires that advice. Some people choose nolo because it does not admit guilt in words.

Does a Nolo Plea Still Lead to a Conviction and Sentence?

Yes. A nolo plea that the court accepts leads to a conviction and a sentence. Fla. Stat. § 775.083 defines a conviction to include a determination of guilt that results from a nolo plea, whether or not adjudication is withheld.

Under Fla. Stat. § 782.071, the basic offense is a second-degree felony. The second is when the person has a prior conviction under the listed sections.

Vehicular homicide is a second-degree felony, or a first-degree felony in certain cases, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Felony court costs of $50 apply each time a defendant pleads nolo to a felony. The sentencing range follows the penalty statutes, § 775.082. The actual sentence will reflect the defendant’s record and the court’s options.

Can a Withhold of Adjudication Follow a No-Contest Plea?

Sometimes, but not in every case. Fla. Stat. § 775.08435 controls when that is allowed.

The court may not withhold adjudication for any first-degree felony. A first-degree vehicular homicide charge therefore cannot be withheld.

For a second-degree felony, the court may not withhold adjudication unless the state attorney requests it in writing or the court makes written findings under s. 921.0026. Many people assume a withhold is automatic. It is not. A withhold also does not change how the plea counts under the conviction definition in § 775.083.

Civil Exposure: Can a Nolo Plea Be Used in a Wrongful Death Lawsuit?

Fla. Stat. § 782.071 says a right of action for civil damages exists under section 768.19 under all circumstances, for all deaths described in the section.

Rule 3.172 also has a rule about pleas that were later withdrawn. Fla. R. Crim. P. 3.172 says evidence of a nolo plea that is later withdrawn is not admissible in a civil or criminal proceeding against the person. That rule covers withdrawn pleas. A plea that stands is a different question. Its civil effect needs review with counsel before you decide.

Immigration and Professional License Consequences

For non-citizens, a nolo plea can carry serious immigration consequences. Fla. R. Crim. P. 3.172 requires the court to warn that a finding of guilt and acceptance of a plea can change immigration status. That applies even when adjudication is withheld, and it can include potential deportation.

Federal law also counts a nolo plea as a conviction. For federal immigration purposes, a plea of nolo contendere (no contest) can still count as a conviction. Non-citizens should review how that definition applies to their own plea before they enter it.

Licensed professionals face a different risk. A conviction can put a professional license at risk. The terms of the plea should be reviewed with that in mind. The court must also advise that a plea may lead to a driver license suspension or revocation when the law requires one. Rule 3.172 covers that warning too.

Questions to Weigh Before Entering a No-Contest Plea

Weigh the sentencing range, whether adjudication can be withheld, civil exposure, immigration and license effects, and the strength of the state’s evidence. Evidence about how the crash happened, including speed and impairment, can shift which plea makes sense. Whether a nolo plea makes sense depends on the facts of your case.

The decision belongs to you. Fla. R. Crim. P. 3.171 says defense counsel cannot conclude a plea agreement without the client’s full and complete consent. Counsel must also advise you of the likely results of each plea and any alternatives open to you.

Read the complete terms of any plea agreement before you agree to it. Rule 3.172 requires the judge to make sure you understand the complete terms, including every obligation you will incur. Ask about each term. Do not sign or answer in court on a term you do not understand.

Talk Through Your Plea Decision With Patrick Wilson Law

If you face a fatal crash charge and a plea offer, that decision affects your sentence, a possible civil claim, your immigration status and your license. Patrick Wilson Law focuses on vehicular homicide defense and related charges across South Florida, from Miami and Broward County to the Florida Keys. You can call 786-761-1719 or leave us a message. Our first consultation is free, confidential and carries no obligation to continue. You can also reach us through our contact page.

For more on the charge itself, read our vehicular homicide overview and our manslaughter comparison.

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