Rule 410 OFFER TO PLEAD GUILTY; NOLO CONTENDERE; WITHDRAWN PLEAS OF GUILTY

• Jurisdiction: Colorado

Rule 410. Offer to Plead Guilty; Nolo Contendere; Withdrawn Pleas of Guilty

Except as otherwise provided by statutes of the State of Colorado, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in any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.

This rule shall be superseded by any amendment to the Colorado Rules of Criminal Procedure which is inconsistent with this rule, and which takes effect after the effective date of these Colorado Rules of Evidence.

COMMITTEE COMMENT

The Committee wishes to advise the Court of a proposed Federal Amendment to Rule 410 as follows:

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements

Except as otherwise provided in this rule, evidence of the following is not admissible against the person who made the plea or was a party to the discussions, in any civil or criminal proceeding:

(1) a plea of guilty which was later withdrawn;

(2) a plea of nolo contendere;

(3) plea discussions with the attorney for the government, concerning the crime charged or any other crime, which do not result in a plea of guilty or which result in a plea of guilty later withdrawn; or

(4) statements made in the course of or as a consequence of such pleas or plea discussions. However, such a statement is admissible in any proceeding wherein statements made in the course of or as a consequence of the same plea or plea discussions have been introduced, or in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record and in the presence of counsel.

FRE ADVISORY COMMITTEE NOTE: Present Rule 410 conforms to Rule 11(e)(6) of the Federal Rules of Criminal Procedure. A proposed amendment to Rule 11(e)(6) would clarify the circumstances in which pleas, plea discussions and related statements are inadmissible in evidence; see Advisory Committee Note thereto. The amendment proposed above would make comparable changes in Rule 410.

ANNOTAT...