A. There is some advantage to the defendant in doing this, according to Dane County Circuit Judge Daniel Moeser, who has presided over countless criminal cases in nearly 30 years on the bench.

"In a criminal case, a defendant will be found guilty whether he or she pleads 'guilty' or 'no contest' as long as there is an adequate factual basis for the plea," Moeser said.

However, "a 'no contest' plea cannot be used in a subsequent civil action for damages, while a 'guilty' plea can be used as a basis for a civil lawsuit."

For example, Moeser said, a victim in a battery case might have incurred monetary damages as a result of the crime. A defendant in that type of criminal case may wish to plead "no contest." The "no contest" plea would require the victim to prove liability in a subsequent civil lawsuit, instead of just being able to use the "guilty" plea to prove liability.

Legal cultures that develop over the years in different counties make acceptance of the "no contest" plea variable from one county to another, Moeser said. Some counties, such as Dane County, accept "no contest" pleas in most situations, while other counties generally require "guilty" pleas.

Dane County does require a "guilty" plea to get into its Deferred Prosecution Program — in which people can get the charge or charges against them dropped by fulfilling certain requirements — because part of the program requires acknowledging one's conduct and taking responsibility for it.

— Ed Treleven

Have a question? Look for Just Ask Us on Tuesdays in the Local section. Send questions to: justaskus@madison.com; 608-252-6192; Just Ask Us, P.O. Box 8058, Madison, WI 53708.