Q: Attorney Tully, I am trying to work out a plea bargain on my criminal burglary charges. Can they use any statements I make against me if the deal falls through?
A: It depends on your agreement. The Rules of Evidence do say any statement you make during the course of plea discussions is inadmissible at trial. However, if the agreement says any statement you make as part of the plea discussions is admissible if the deal falls through, then you have a problem. The Pennsylvania Superior Court just affirmed a very similar situation. Call me for a free consult about your case.