Rule 410 - Pleas, plea, discussions, & related statements

Question 1

What are the prohibited uses of 410

Answer 1

The following cannot be used against the defendant who made the plea or participated in the plea discussions:

1) a guilty plea that was later withdrawn
2) a nolo contendere plea;
3) a statement made during a proceeding on either of those please under FR Criminal procedure 11 or a comparable state procedure; or
4) a statement made during plea discussions with an tourney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later withdrawn guilty plea

Question 2

What are the 410 exceptions

Answer 2

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