Chapter 10 - § 10.16 CRIMINAL PLEA|CONVICTION

• Jurisdiction: Colorado

§ 10.16 CRIMINAL PLEA/CONVICTION

Colorado

➢ General. "Except as otherwise provided by statutes of the State of Colorado, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in any connection with any of the foregoing pleas or offers, is not admissible in any civil or criminal action, case, or proceeding against the person who made the plea or offer. This rule shall not apply to the introduction of voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers where offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false statement." CRE 410.

➢ Impeachment. The Colorado rule on impeachment is narrower than its federal counterpart. The Colorado rule only allows the use of statements made in court and on the record, and only if offered for impeachment or in a subsequent perjury prosecution. CRE 410. The federal rule allows use of the statement in any proceeding. FRE 410. See People v. Butler, 929 P.2d 36 (Colo. App. 1996).

➢ Plea of Nolo Contendere. The rule excludes any evidence of a plea of nolo contendere as an admission or proof of guilt in any subsequent civil or criminal proceeding. CRE 410.

➢ Guilty Plea. Guilty pleas are, of course, admissible but on a different basis. The guilty plea constitutes an admission of the facts. CRE 801(d)(2).

Federal

➢ Prohibited Uses. "In a civil or criminal case, evidence of the following is

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