When the defendant requests a new trial, what must the court do?

• A. The court must immediately proceed to sentencing.
• B. The court must dismiss the case.
• C. Allow the defendant to withdraw the plea of nolo contendere and enter a plea of not guilty and reinstate the bond.
• D. The court must refund all fines paid.

Answer: (C)

When a defendant asks for a new trial after a nolo contendere plea, the court can and often should permit withdrawing that plea and reentering a not guilty plea so the case can proceed to a new trial. This allows the defendant to exercise the right to a full adjudication rather than proceeding to sentencing on a non-guilty outcome. If the plea is withdrawn, the bond can be reinstated to reflect the defendant’s updated status and continue to secure release conditions as the case moves back to trial. Sentencing, dismissal, or refunding fines don’t automatically follow a request for a new trial; the proper step is to restore the trial posture by allowing the plea withdrawal and reinstating the bond.