Section 19-12-12 - (Rule 410) Pleas in criminal cases--Offers to plead--Statements with pleas or offersto plead. - South-dakota Statutes

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19-12-12. (Rule 410) Pleas in criminal cases--Offers to plead--Statements with pleas or offers to plead. Except as otherwise provided in this section, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for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.

Source: Supreme Court Rule 78-2, Rule 410.

State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-12 > Statute-19-12-12

19-12-12. (Rule 410) Pleas in criminal cases--Offers to plead--Statements with pleas or offers to plead. Except as otherwise provided in this section, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, a plea of nolo contendere, or an offer to plead guilty or nolo contendere to the crime charged or any other crime, is admissible in a criminal proceeding for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.

Source: Supreme Court Rule 78-2, Rule 410.

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State Codes and Statutes

Statutes > South-dakota > Title-19 > Chapter-12 > Statute-19-12-12

19-12-12. (Rule 410) Pleas in criminal cases--Offers to plead--Statements with pleas or offers to plead. Except as otherwise provided in this section, evidence of a plea of guilty, later withdrawn, or a plea of nolo contendere, or of an offer to plead guilty or nolo contendere to the crime charged or any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the person who made the plea or offer. However, evidence of a statement made in connection with, and relevant to, 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 admissible 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.

Source: Supreme Court Rule 78-2, Rule 410.