Also known as:guilty plea withdrawn · withdrawn guilty plea · withdrawal of guilty plea · withdraw guilty plea · withdrawn plea
Written by attorneys · grounded in primary & secondary sources — see below
A guilty plea entered by a defendant that a court later permits to be withdrawn. The plea and related statements made during the plea proceeding are inadmissible against that defendant in any subsequent civil or criminal case.
Sources & Authorities
How it applies
Common Examples
2
Civil Securities Suit After Withdrawal
Guillermo Guzman entered a guilty plea at his federal arraignment on wire fraud charges but later succeeded in withdrawing it. When the SEC filed a parallel civil action, it offered the transcript of the withdrawn plea hearing as an admission of liability. The court sustained Guzman's objection and excluded the transcript because the plea had been withdrawn.
Contract Claim After Plea Withdrawal
Gareth Glover pleaded guilty in federal court to environmental violations and gave sworn testimony during the Rule 11 hearing. He later withdrew the plea. When his employer sued him for breach of contract in state court and sought to introduce the hearing testimony, the court excluded the statements because they were made during a proceeding on a withdrawn guilty plea.
Put it into practice
Test Yourself
10
Practice Questions5
· 1 primary source
Select any source to read its text and confirm it supports the definition.
Federal Rules
Study Supplements
United States v. Burch156 F.3d 1315, 1321-1322 (D.C. Cir. 1998)
Common questions
Frequently Asked
3
Is a withdrawn guilty plea admissible against the defendant in a later civil case?+
No. The evidence rules bar use of a guilty plea that was later withdrawn when it is offered against the defendant who entered it, and this exclusion applies in both civil and criminal proceedings.
Supporting sources
Does the exclusion for withdrawn guilty pleas also cover statements made during the plea hearing?+
Yes. Statements made during a proceeding on a guilty plea that is later withdrawn are protected from use against the defendant in subsequent litigation.
Supporting sources
Can a withdrawn guilty plea be admitted for impeachment if the defendant testifies inconsistently?+
No. The rule provides no impeachment exception for the plea itself, and the fairness exception requires introduction of another statement from the same proceeding before any related statements may be admitted.
Supporting sources
EvidencePrivileges and other policy exclusions · Compromise and payment of medical expensesNEXTGENFoundational