19-19-410. Pleas, plea discussions, and related statements.
130 words·~1 min read·
/sd/title-19/chapter-19-19/19-19-410·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Prohibited uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1)A guilty plea that was later withdrawn;
(2)A nolo contendere plea;
(3)A statement made during a proceeding on either of those pleas under §§ 23A-7-2 to 23A-7-15 , inclusive; or
(4)A statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
(b)Exceptions. The court may admit a statement described in this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.