Withdrawn Pleas and Offers

Effective January 1, 2014 (a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions: (1) a guilty plea or admission of the charge that was later withdrawn; (2) a nolo contendere plea; (3) an offer to plead to the crime charged or to any other crime, made to one with authority to enter into or approve a binding plea agreement; or (4) a statement made in connection with any of the foregoing withdrawn pleas or offers to one with authority to enter into a binding plea agreement or who has a right to object to, approve, or reject the agreement. (b) Exceptions. The court may admit such a plea, offer, or statement: (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.