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Phoebe_Miller
03-27-2005, 12:58 AM
A friend of mine pled "no contest" to a misdemeanor (charged with a felony but knew the state had no evidence to convict him) and served time so that he could return home to his family, children, and job more quickly than if he waited for a trial since bail wasn't an option.

What exactly does that mean in California? Since he didn't admit guilt, could he ever reopen the case and insist on a trial at a later date? He can't ever be arrested on this charge again, right? Since he was released from jail a few days early because of "population control," could he be made to spend the remaining days of his sentence if he ever returned to that county?

Thanks. I've wondered about this for 2 years as I've always felt my friend was innocent, but his children really needed him home at that time.

elklaw
04-24-2005, 11:14 AM
No contest means that he does not admit guilt, but it is counted as a conviction in most legal quarters. In the future, if the time has not passed and if evidence exists to prove innocence that is such a court can grant vacation of no contest plea, it may be worth filing a motion to correct error or to vacate conviction.

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