R.I. R. Evid. 410

As amended through April 4, 2024
Rule 410 - Inadmissibility of pleas, plea discussions and related statements.

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

(1) a plea of guilty or nolo contendere which was later withdrawn;
(2) any statement made in the course of any proceedings under Rule 11 of the Rules of Criminal Procedure regarding either of the foregoing pleas;
(3) a plea of nolo contendere where the court defers sentence, places the defendant on probation pursuant to § 12-18-1 of the General Laws, or files the case pursuant to § 12-10-12 of the General Laws, provided that probation is the sole sanction imposed and provided further that said period of deferral, probation, or filing is completed without violation of the terms thereof;
(4) any 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which do not result in a plea of guilty or nolo contendere or which result in a plea of guilty or nolo contendere later withdrawn.

However, such a statement is admissible (i) in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) 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.

R.I. R. Evid. 410