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Criminal

Jul. 20, 2018

The right to plead no contest in criminal cases

The San Francisco court needs to change its practice of disallowing no-contest pleas. It’s the fair, humane and just way to allow a person the dignity of entering a plea when the accused simply seeks to end the criminal prosecution.

Jeff Adachi

Public Defender
San Francisco Public Defender's Office

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Yali Corea-Levy

Deputy Public Defender
San Francisco Public Defender's Office

Email: yali.corea-levy@sfgov.org

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California law provides for three common pleas in a criminal case: not guilty, guilty and no contest. In the San Francisco courts, however, an accused is not given the opportunity to plead no contest. Witness the following colloquy from a case heard last month:

THE COURT: Sir, what is your plea to violating Penal Code Section 487(a) as a felony, as alleged in Count II of the amended information?

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