Inadmissibility of Pleas (N.C.R. Evid. 410)

As amended through June 18, 2024
Inadmissibility of Pleas (N.C.R. Evid. 410)

"Rule 410 of the North Carolina Rules of Evidence provides that [a]ny statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn is inadmissible at trial. Plea bargaining implies an offer to plead guilty upon condition. Moreover, as the rule implies, lea negotiations, in order to be inadmissible, must be made in negotiations with a government attorney or with that attorney's express authority. In addition, conversations with government agents do not constitute plea discussions unless the defendant exhibits a subjective belief that he is negotiating a plea, and that belief is reasonable under the circumstances. State v. Haymond, 203 N.C. App. 151, 165-66, 691 S.E.2d 108, 120-21 (citations and quotation marks omitted), disc. review denied, 364 N.C. 600, 704 S.E.2d 275 (2010).

Revised July 26, 2016.