§ 1153 Withdrawn Guilty Plea Evidence

Evidence Code·California

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Key Takeaways

•If someone says they are guilty but then changes their mind, that can't be used against them later.
•If someone offers to say they are guilty, that can't be used against them in any case or hearing.
•This rule applies to all kinds of cases, even ones not in a regular court.

Example

A person is accused of stealing a bike. They first say they did it but then take it back.

The fact that they first said they were guilty can't be used to prove they stole the bike in any case or hearing.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1153 Withdrawn Guilty Plea Evidence

Evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or to any other crime, made by the defendant in a criminal action is inadmissible in any action or in any proceeding of any nature, including proceedings before agencies, commissions, boards, and tribunals. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

plea of guilty later withdrawn offer to plead guilty inadmissible

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 1153.

Key Takeaways

Example

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References

Key Takeaways

Example

Key Terms

Related Statutes

References