---
title: O.C.G.A. § 24-4-410. Inadmissibility of pleas, plea discussions, and related statements; exceptions.
collection: code
id: 24-4-410
cite_as: O.C.G.A. § 24-4-410 (2025)
canonical_url: https://georgiacommons.org/code/24-4-410
md_url: https://georgiacommons.org/code/24-4-410.md
text_url: https://georgiacommons.org/code/24-4-410/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-ch1-7-(v20)-2023-pdf.pdf?sfvrsn=27d520aa_0#page=289
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: EVIDENCE / RELEVANT EVIDENCE AND ITS LIMITS
---

# O.C.G.A. § 24-4-410. Inadmissibility of pleas, plea discussions, and related statements; exceptions.

Except as otherwise provided by law, evidence of the following shall not, in any judicial or administrative proceeding, be admissible against the criminal defendant 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(1) A plea of guilty which was later withdrawn;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 nolo contendere;

(3) Any statement made in the course of any proceedings in which a guilty plea or a plea of nolo contendere was entered and was later withdrawn, vacated, or set aside; or

(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, vacated, or set aside;

provided, however, that the statements described in paragraphs (1) through (4) of this Code section shall be admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it or in a criminal proceeding for perjury or false statement if the statement was made by the accused under oath, on the record, and in the presence of counsel or after the accused voluntarily waived his or her right to counsel.

## History

Code 1981, § 24-4-410, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

## Cross References

Pleas, plea discussions, and related statements, Fed. R. Evid. 410.

## Editor's Notes

In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Sections 17-7-93 and 17-7-95, which may also be applicable to this Code section.

## Law Reviews

For article, “The Meaning of a Misdemeanor in a Post-Ferguson World: Evaluating the Reliability of Prior Conviction Evidence,” see 54 Ga. L. Rev. 927 (2020).