Under Rule 410, is a guilty plea that was later withdrawn admissible against the defendant?

Under Rule 410, is a guilty plea that was later withdrawn admissible against the defendant?

• A. A guilty plea that was later withdrawn is not admissible as evidence against the defendant
• B. A withdrawn guilty plea is admissible to prove the defendant's guilt
• C. A withdrawn guilty plea may be used to impeach credibility
• D. A withdrawn guilty plea may be used to impeach the defendant's character

Answer: (A)

Rule 410 bars using guilty pleas and plea discussions as evidence against the defendant. A guilty plea that was later withdrawn falls squarely within this protection and cannot be admitted to prove the defendant’s guilt in a criminal case or in related proceedings. The aim is to promote plea bargaining by preventing a withdrawn plea from prejudicing the defendant later. The rule also generally limits using any statements made during plea negotiations, with only narrow exceptions (such as addressing perjury or false statements if the defendant testifies). So, in ordinary circumstances, a withdrawn guilty plea is not admissible against the defendant.

Rule 410 bars using guilty pleas and plea discussions as evidence against the defendant. A guilty plea that was later withdrawn falls squarely within this protection and cannot be admitted to prove the defendant’s guilt in a criminal case or in related proceedings. The aim is to promote plea bargaining by preventing a withdrawn plea from prejudicing the defendant later. The rule also generally limits using any statements made during plea negotiations, with only narrow exceptions (such as addressing perjury or false statements if the defendant testifies). So, in ordinary circumstances, a withdrawn guilty plea is not admissible against the defendant.