Evidence
Pleas
Guilty pleas (in criminal cases) later withdrawn, nolo contendere pleas, statements in plea proceedings, and statements in plea talks with prosecutor are not admissible. FRE 410(a).
- Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):
- in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
- in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.
This is a German rule.
Admissions in a civil trial are admissible in criminal trials, so if prosecuted under both, negotiate for both, not the civil first.