Note, however, that the offender may still be barred from possessing a firearm and ammunition if the pardon, expungement, or restoration of rights expressly states that the firearm prohibition remains in effect. Under federal immigration law, a noncitizen in the United States becomes deportable upon being convicted of a domestic violence offense. Because federal law treats a plea of nolo contendere the same as a plea of guilty, pleading nolo contendere to a domestic violence crime will not prevent potential deportation.
Child Custody. In addition to the consequences above, pleading nolo contendere or no contest to a domestic violence offense can have consequences in child custody determinations in state court. In California, for example, joint physical or legal custody is presumed to be detrimental to the child if the court finds that a parent committed domestic violence against the other parent, the child, or a sibling of the child within the past five years.
It is not necessary that the parent have been criminally charged or convicted of domestic violence; however, in the event that the parent is criminally charged with domestic violence, a plea of no contest will lead to the presumption that joint custody is inappropriate.
Professional Licensing. Pleading no contest to a domestic violence crime will have the same effect as pleading guilty in the context of professional licensing.
In Colorado, for example, a plea of either guilty or nolo contendere to a crime of domestic violence can be used as grounds for denying, annulling, suspending, or revoking a teaching license. In Florida, a pending charge or conviction for a domestic violence crime, including a nolo contendere plea, prevents a person from obtaining a license as a healthcare provider. If you are charged with a domestic violence offense, you should speak with an attorney immediately.
In addition to serious criminal penalties such as fines and incarceration, a conviction for a domestic violence offense can affect several areas of your life, including your employment and right to own firearms. Pleading nolo contendere or no contest to a domestic violence charge will not avoid these repercussions.
An experienced attorney can provide you with invaluable guidance while protecting your rights. A qualified attorney is essential to successfully defending against domestic violence charges. Loading Close. Do Not Show Again Close. Sign In. Pleading Guilty to a Traffic Offense If you plead guilty to a traffic offense, points may be assessed on your license.
Pleading Nolo Contendere to a Traffic Offense You may plead nolo contendere no contest to a traffic offense, but only if you have not entered a nolo contendere plea to another traffic offense in the last five years.
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Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. Legal Research. The Criminal Law Handbook.
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