Short answer. No. Rule 130, Section 28 provides that any statement made in the course of plea bargaining with the prosecution which does not result in a plea of guilty, or which results in a plea of guilty later withdrawn, is not admissible against you. An unaccepted offer of a plea to a lesser offense is likewise inadmissible.

What the law says

Neither is any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, admissible

Rule 130, Section 28 — Offer of compromise not admissible. Read the full provision →

What the law says

A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is not admissible in evidence against the accused who made the plea or offer

Rule 130, Section 28 — Offer of compromise not admissible. Read the full provision →

What the law says

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt

Rule 130, Section 28 — Offer of compromise not admissible. Read the full provision →

What Section 28 says about plea bargaining statements

Rule 130, Section 28 speaks to this directly: "Neither is any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, admissible." If your negotiations with the prosecutor did not end in a guilty plea — or ended in one you later withdrew — what you said during those talks cannot be used as evidence against you at trial.

The plea itself is protected too, not just what was said

The rule protects more than the talk around a plea — it protects the plea offer itself: "A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is not admissible in evidence against the accused who made the plea or offer." So if you offered to plead guilty to a lesser offense and the prosecution never accepted it, that offer cannot be introduced against you either, on top of the protection for the surrounding negotiation statements.

This is narrower than the general rule on criminal compromise offers

Plea bargaining is treated differently from an ordinary offer to settle a criminal case. The same provision states that "in criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt." That general rule cuts against the accused. Plea bargaining and withdrawn guilty pleas are the carved-out exception to it — the law protects those specific negotiations precisely because it wants people to be able to negotiate honestly without fear that failed talks become evidence.

One more limit worth knowing

The same section also carves out an exception to the exception: statements otherwise discoverable, or offered for a different purpose entirely — such as proving a witness's bias, disproving a claim of undue delay, or proving an effort to obstruct a criminal investigation or prosecution — remain fair game even though they arose from compromise-related talks. So the protection covers using your plea-bargaining statements to prove guilt of the offense being negotiated, not every conceivable use a court might later find for something said during those talks.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.