§ 90.410, Fla. Stat. — Offers to Plead; Nolo Contendere; Withdrawn Guilty Pleas
Plain English
A guilty plea that was later withdrawn, a plea of nolo contendere (no contest), or an offer to plead guilty or no contest — none of these can be used against you in any civil or criminal proceeding. The same protection covers statements made during those plea discussions. There is one narrow exception: such statements can be used in a perjury-type prosecution under chapter 837. The rule protects candid plea negotiations and preserves the whole point of a no-contest plea — resolving a criminal charge without creating an admission that follows you into the civil case.
From the Courtroom
The nolo plea is the workhorse here. It lets a defendant resolve a criminal charge without handing the civil plaintiff a ready-made admission of liability — and 90.410 is exactly why that strategy works. Try to wave a withdrawn plea or plea-talk in front of a jury and you’ll draw a fast, sustained objection.
Key Points & Authority
- § 90.410, Fla. Stat. — Withdrawn guilty pleas, nolo contendere pleas, offers to plead, and statements made in connection with them are inadmissible in civil or criminal proceedings.
- Exception: such statements may be used in a prosecution under chapter 837 (perjury/false statements).
- Federal parallel: Fed. R. Evid. 410.
Federal Parallel
The federal counterpart is Fed. R. Evid. 410 — it likewise bars withdrawn guilty pleas, nolo pleas, and plea-discussion statements, with limited exceptions.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
Evidence of a plea of guilty, later withdrawn; a plea of nolo contendere; or an offer to plead guilty or nolo contendere to the crime charged or any other crime is inadmissible in any civil or criminal proceeding. Evidence of statements made in connection with any of the pleas or offers is inadmissible, except when such statements are offered in a prosecution under chapter 837.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.410 makes withdrawn guilty pleas, nolo contendere pleas, offers to plead, and statements made in connection with them inadmissible in any civil or criminal proceeding, except in a prosecution under chapter 837.