State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-410

Rule 410. Inadmissibility of pleas, plea discussions,and related statements.

Except as otherwise provided in this rule, evidence of the following isnot, in any civil or criminal proceeding, admissible for or against thedefendant who made the plea or was a participant in the plea discussions:

(1)        A plea of guilty which was later withdrawn;

(2)        A plea of no contest;

(3)        Any statement made in the course of any proceedings underArticle 58 of Chapter 15A of the General Statutes or comparable procedure indistrict court, or proceedings under Rule 11 of the Federal Rules of CriminalProcedure or comparable procedure in another state, regarding a plea of guiltywhich was later withdrawn or a plea of no contest;

(4)        Any statement made in the course of plea discussions withan  attorney for the prosecuting authority which do not result in a plea ofguilty or which result in a plea of guilty later withdrawn.

However, such a statement is admissible in any proceeding whereinanother statement made in the course of the same plea or plea discussions hasbeen introduced and the statement ought in fairness be consideredcontemporaneously with it. (1983, c. 701, s. 1.)