Rule 410 Offer To Plead Guilty; Nolo Contendere; Withdrawn Plea of Guilty

• Jurisdiction: Arizona

Except as otherwise provided by applicable Act of Congress, Arizona statute, or the Arizona Rules of Criminal Procedure, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere or no contest, or an offer to plead guilty, nolo contendere or no contest to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers is not admissible against the person who made the plea or offer in any civil or criminal action or administrative proceeding.

Comment

Consistent with Rule 17.4(f), Ariz. R. Crim. P., this rule provides that pleas, or offers to plead, and statements made in connection with either, are inadmissible.[1] Unlike the federal rule, evidence of statements made in connection with any plea or offer to plead is inadmissible even in criminal proceedings for perjury or false statement. The fundamental public policy in support of this rule is to promote resolution of criminal cases by compromise. This rule only prohibits statements made in connection with formal plea negotiations, and thus does not preclude statements the defendant made to police officers in an attempt to get them to reduce the charges.[2] This rule does allow the admission of this evidence if authorized by statute; A.R.S. Sec. 13-807 precludes a defendant in a civil case from denying the essential elements of the defendant's criminal conviction, including judgments of guilt resulting from no contest pleas. Further, this rule does not preclude cross-examination about the circumstances surrounding the bargaining discussion when the defendant claims that his or her statement was involuntary because of the bargaining...