Guilty, Not Guilty or No Contest: What Each Plea Means in Michigan

In a Michigan criminal case a defendant may plead not guilty, guilty, or nolo contendere, usually called no contest.^[1] A not-guilty plea keeps the case on track for trial. A guilty plea and a no-contest plea both end the case without a trial if the judge accepts them; they differ in how the judge takes the plea and in whether the plea can be used as evidence later.^[6][3][4][5]

The rules also list two pleas tied to mental condition, guilty but mentally ill and not guilty by reason of insanity.^[1] They are outside the scope of this page.

The three pleas side by side

	Not guilty	Guilty	No contest (nolo contendere)
Is the court's consent needed to enter it?	No; it is also entered if the defendant stands mute[1]	The court may not accept it unless convinced it is understanding, voluntary and accurate[7]	Yes, and the same understanding, voluntary and accurate standard applies[1][7]
Is there a trial?	Yes, unless the plea is later changed; the prosecutor must prove guilt beyond a reasonable doubt[8]	No trial of any kind once accepted[6]	No trial of any kind once accepted[6]
How is the factual basis established?	Not applicable; the prosecutor carries the burden at trial[8]	The court questions the defendant[3]	The court may not question the defendant about participation; it relies on other information or a hearing[4]
Can the plea be used as evidence against the person later?	Not applicable	A guilty plea that was later withdrawn or vacated is not admissible against the defendant[5]	Not admissible against the defendant in a civil or criminal case, except in a civil proceeding to defend against a claim the person brings[5]

Not guilty

A not-guilty plea is not a statement about what happened. It requires the prosecutor to prove the charge. At trial the defendant is presumed innocent, the prosecutor must prove guilt beyond a reasonable doubt, and the defendant may remain silent without that silence being used against the defendant.^[8]

A not-guilty plea can be entered without the defendant saying the words. If the defendant refuses to plead or stands mute, the court must enter a not-guilty plea on the record.^[1] At a felony arraignment in district court the judge may not ask for a plea at all.^[9] After a felony is bound over, a not-guilty plea is entered at the circuit court arraignment unless the defendant offers another plea.^[10]

Pleading not guilty at the start does not lock in a trial. A defendant can later accept a plea agreement; see Plea bargains in domestic violence cases. What happens at the first court date is covered in The arraignment.

Guilty

A guilty plea is an admission of the offense. The judge may not accept it unless convinced that the plea is understanding, voluntary and accurate.^[7]

• Understanding. In district court the judge must advise the defendant of the right to an attorney, any mandatory minimum jail sentence and the maximum possible penalty, and the trial rights the plea gives up.^[6] In a felony case the defendant is placed under oath and personally advised of the offense, the maximum sentence and the rights being waived.^[7]
• Voluntary. The court must ask whether anyone has promised the defendant anything beyond the plea agreement, whether anyone has threatened the defendant, and whether it is the defendant's own choice to plead.^[11]
• Accurate. The court, by questioning the defendant, must establish support for a finding that the defendant is guilty of the offense charged or the offense to which the defendant is pleading.^[3]

That last step is the practical core of a guilty plea: the defendant describes, in answer to the judge's questions, what he or she did.

No contest

A no-contest plea leads to the same place as a guilty plea in the sense that, once the judge accepts it, there is no trial.^[6] The defendant simply does not admit the facts in court. Three rules set it apart.

The judge has to allow it

A defendant may enter a plea of nolo contendere only with the consent of the court.^[1] That sentence is from the felony plea rules; the statute that applies in every court likewise says the court "may accept" a no-contest plea.^[2] In a felony case the court must state why a no-contest plea is appropriate.^[4]

The judge does not question the defendant about the offense

If the defendant pleads no contest, the court may not question the defendant about participation in the crime. In a felony case the court must instead hold a hearing, unless there has been one, that establishes support for a finding that the defendant is guilty. In district court the judge determines the accuracy of the plea on the basis of other available information.^[4]

The plea is generally not evidence against the person elsewhere

Under MRE 410, in a civil or criminal case a nolo contendere plea is not admissible against the defendant who made it. The exception: to the extent a guilty plea would be admissible, a no-contest plea to a criminal charge may be admitted in a civil proceeding to defend against a claim asserted by the person who entered the plea.^[5] This can matter when the same incident could lead to a civil lawsuit.

MRE 410 is a rule about using the plea as evidence. It does not say that a no-contest plea avoids a conviction or the consequences of one.^[5] By statute, if a no-contest plea is accepted the court proceeds as if the defendant had pleaded guilty.^[2] Before either a guilty or a no-contest plea is accepted, the judge must advise the defendant of the maximum possible penalty for the offense.^[6]

When the kind of plea changes the options

Two alternatives to an ordinary conviction are worded in terms of the plea.

Youthful trainee status (HYTA). Only a defendant who pleads guilty is eligible. Defendants who plead no contest or who are found guilty after a trial are not eligible.^[12] See HYTA and domestic violence.

The domestic violence deferral. MCL 769.4a applies when a person "pleads guilty to, or is found guilty of" a qualifying domestic assault.^[13] Unlike youthful trainee status, it is not limited to guilty pleas, because a finding of guilt after trial also qualifies.^[13] Anyone hoping for a deferral should confirm with a lawyer, before the plea is taken, how the court and the prosecutor expect the plea to be entered. See The MCL 769.4a deferral explained.

Can a plea be entered without going to court?

Sometimes, in district court. A district court may accept a written plea of guilty or no contest without the defendant's personal appearance if the court decides that the combination of the circumstances and the range of possible sentences makes that proper, the defendant acknowledges guilt or no contest and waives trial rights in writing, and the court is satisfied the waiver is voluntary.^[14] The choice belongs to the court, and nothing in the rule suggests it is the ordinary way to resolve a domestic violence charge.

Changing or withdrawing a plea

A defendant has a right to withdraw any plea until the court accepts it on the record. After a felony plea is accepted and before sentence, it may be withdrawn only in the interest of justice, and not if withdrawal would substantially prejudice the prosecutor because of reliance on the plea.^[15] In district court, a defendant may not challenge a plea on appeal without first moving in the trial court to withdraw it.^[15]

A plea also narrows appeal rights. A defendant who pleads guilty or no contest in a felony case is told that any appeal will be by application for leave and not by right, and that the plea may give up issues that could have been appealed after a trial.^[16]

What the judge is not required to tell you

Michigan's plea rules list the advice a judge must give, and immigration or deportation consequences are not on either list, for felony pleas under MCR 6.302 or district court pleas under MCR 6.610(F).^[17] Firearm consequences are another topic to raise with a lawyer before pleading: a person convicted of a misdemeanor involving domestic violence may not possess a firearm in Michigan until 8 years after the sentence is fully completed.^[18] See Immigration consequences and Michigan's 8-year gun ban.

What people get wrong

"No contest means I was not convicted." The statute says otherwise: if a no-contest plea is accepted, the court proceeds as if the defendant had pleaded guilty.^[2] There is no trial, and in a felony case the court must first establish support for a finding that the defendant is guilty.^[6][4]

"I can plead no contest whenever I want." The plea requires the court's consent.^[1]

"I have to decide how to plead at my first court date." A not-guilty plea is entered when a defendant stands mute, and at a felony arraignment in district court the judge may not ask for a plea.^[1][9]

"A no-contest plea can never be used against me." The evidence rule has an exception for a civil proceeding in which the person who entered the plea is the one asserting a claim.^[5]

For the decision itself, see Plea or trial: how to decide and Possible outcomes of a domestic violence case.