Does a defendant's plea of guilty or no contest constitute an admission of every element of the charge?
California, United States of America
The following excerpt is from People v. Melger, C082564 (Cal. App. 2017):
Defendant's claim of insufficient evidence is likewise without merit. A plea of guilty or no contest "admits all matters essential to conviction." (People v. DeVaughn (1977) 18 Cal.3d 889, 895.) "A criminal defendant's . . . plea . . . constitutes an admission of every element of the offense charged . . . and concedes the prosecution
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant changes his or her plea to guilty or no contest in a civil case, does the plea constitute a judicial admission of every element of the charge? (California, United States of America)
Does a defendant's tactical decision not to contest an essential element of an assault charge reduce the burden of proving every element? (California, United States of America)
Does a stipulation requiring a defendant to plead not guilty to a charge of first degree murder constitute a plea of guilty entered by counsel? (California, United States of America)
What is the test for admissibility of a motion where a defendant has been found guilty of a charge of assault against an uncharged defendant? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement? (California, United States of America)
Does a plea of not guilty put "all the elements of the elements" of a charged murder charge in issue? (California, United States of America)
Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
Does a plea of no contest constitute an admission of every element of the offense? (California, United States of America)
