Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceeding. Evidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837.
Fla. Stat. § 90.410 — Offer to plead guilty; nolo contendere; withdrawn pleas of guilty
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The Public Policy: This rule is based on the strong public policy of encouraging plea bargaining. The criminal justice system relies on defendants and prosecutors being able to negotiate freely. If offers and statements made during these negotiations could be used against a defendant later at trial, no defendant would ever participate, and the system would grind to a halt.
What Is Inadmissible: The rule creates a broad protection for plea-related evidence. The following cannot be used against the defendant in any later civil or criminal case:
- A guilty plea that the defendant later withdraws.
- A plea of nolo contendere ("no contest").
- Any offer to plead guilty or no contest.
- Any statements made in connection with these pleas or offers.
Exception for Perjury Prosecutions: The only time these statements can be used is in a prosecution for perjury or false statement (under Florida's Chapter 837), and only if the original statement was made by the defendant under oath, on the record, and with an attorney present.
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Cite as Fla. Stat. § 90.410 (2024)
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