Under FRE 410, which statement about statements made during plea negotiations is true?

Under FRE 410, which statement about statements made during plea negotiations is true?

• A. A statement made during plea negotiations that does not result in a plea is admissible.
• B. Withdrawn guilty pleas are admissible.
• C. Statements made during plea negotiations are admissible if the defendant later pleads guilty to a lesser charge.
• D. Statements made during plea negotiations are not admissible.

Answer: (D)

Plea negotiations are protected from being used as evidence. Under FRE 410, statements made during those negotiations are generally not admissible against the defendant in a criminal case, no matter what happens later in the case. This protects the bargaining process and encourages frank discussions to reach a plea. So, regardless of whether a plea is later entered, withdrawn, or a lesser charge is involved, the usual rule is inadmissibility. There are very narrow exceptions, but the default position is that such statements are not admissible.

Plea negotiations are protected from being used as evidence. Under FRE 410, statements made during those negotiations are generally not admissible against the defendant in a criminal case, no matter what happens later in the case. This protects the bargaining process and encourages frank discussions to reach a plea. So, regardless of whether a plea is later entered, withdrawn, or a lesser charge is involved, the usual rule is inadmissibility. There are very narrow exceptions, but the default position is that such statements are not admissible.