LAW 545-001 – 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Guilty pleas (in criminal cases) later withdrawn, nolo contendere pleas, statements in plea proceedings, and statements in plea talks with prosecutor are not admissible.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).

  1. Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):
    1. 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
    2. 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.