Wisconsin Statutes
Wis. Stat. § 904.10 (2026)
Offer to plead guilty; no contest; withdrawn plea of guilty
✓ current as of July 2026
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904.10904.10 Offer to plead guilty; no contest; withdrawn plea of guilty. Evidence of a plea of guilty, later withdrawn, or a plea of no contest, or of an offer to the court or prosecuting attorney to plead guilty or no contest to the crime charged or any other crime, or in civil forfeiture actions, is not admissible in any civil or criminal proceeding against the person who made the plea or offer or one liable for the person’s conduct. Evidence of statements made in court or to the prosecuting attorney in connection with any of the foregoing pleas or offers is not admissible.
904.10 AnnotationThis section prohibits the use of incriminating testimony a defendant gave in order to keep the possibility of a plea bargain open. The state’s assertion that this section does not apply when, as here, a prosecutor offers to allow the defendant to plead guilty, failed. Not only does this ignore the basic principle that a defendant can plead guilty with or without the prosecutor’s consent, but it would require adding the words “to allow” to the statute. State v. Myrick, 2014 WI 55, 354 Wis. 2d 828, 848 N.W.2d 743, 12-2513.
904.10 AnnotationWhen an accused entered into a plea agreement and subsequently testified at the trials of other defendants, and when the accused later withdrew the guilty plea and was tried, prior trial testimony was properly admitted for impeachment purposes. State v. Nash, 123 Wis. 2d 154, 366 N.W.2d 146 (Ct. App. 1985).
904.10 AnnotationStatements made during a guilty plea hearing are inadmissible for any purpose, including impeachment, at a subsequent trial. State v. Mason, 132 Wis. 2d 427, 393 N.W.2d 102 (Ct. App. 1986).
904.10 AnnotationA defendant’s agreement to sign a written confession, after being told by the district attorney that the state would stand silent regarding sentencing if the defendant gave a truthful statement, was not the result of plea negotiations but negotiations for a confession, and therefore was not inadmissible under this section. State v. Nicholson, 187 Wis. 2d 688, 523 N.W.2d 573 (Ct. App. 1994).
904.10 AnnotationThis section does not apply to offers of compromise made to the police. State v. Pischke, 198 Wis. 2d 257, 542 N.W.2d 202 (Ct. App. 1995), 95-0183.
904.10 AnnotationA no contest plea in a criminal case cannot be used collaterally as an admission in future civil litigation. Kustelski v. Taylor, 2003 WI App 194, 266 Wis. 2d 940, 669 N.W.2d 780, 02-2786.
904.10 AnnotationSection 908.01 (4) (b) deals with admissions by a party as a general rule, but admissions incidental to an offer to plead are a special kind of party admission: they are impossible to segregate from the offer itself because the offer is implicit in the reasons advanced therefor. This section trumps s. 908.01 (4) (b) because it excludes only this particular category of party admissions and therefore is more specialized than the latter statute. State v. Norwood, 2005 WI App 218, 287 Wis. 2d 679, 706 N.W.2d 683, 04-1073.
904.10 AnnotationThis section does not prohibit the state from introducing the defendant’s allocution statements at a subsequent trial. State v. Rejholec, 2025 WI App 36, 417 Wis. 2d 27, 24 N.W.3d 146, 23-2192.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1978–2026 · leading case: State v. Raphfeal Lyfold Myrick, 2014 WI 55 (Wis. 2014).
State v. Raphfeal Lyfold Myrick, 2014 WI 55 (Wis. 2014). “"4 ¶2 We conclude that Wis. Stat. § 904.10 prohibited the use of Myrick's preliminary hearing testimony at trial.”
State v. Norwood, 2005 WI App 218 (Wis. Ct. App. 2005). “§ 904.10, might be relevant but asserted that Norwood had waived the right to invoke it because he had not raised the issue.”
State v. Greve, 2004 WI 69 (Wis. 2004). “The immediate answer to this is that the state either tried the defendant once before or was prepared to try him when he entered a plea ... without his post-conviction inculpatory statements in the sentencing memorandum.”
State v. Mason, 393 N.W.2d 102 (Wis. Ct. App. 1986). “The issue is whether the state is permitted under sec. 904.10, Stats., to use statements made during a hearing on a guilty plea, later withdrawn, for impeachment purposes at a subsequent trial.”
State v. Pischke, 542 N.W.2d 202 (Wis. Ct. App. 1995). “The issue we deem worthy of immediate mention has to do with §904.10, Stats., prohibiting evidence of offers to plead guilty or no contest.”
Gedlen v. Unborn Child. of Safran Ex Rel. Kaiser, 306 N.W.2d 27 (Wis. 1981). “He relies primarily on sec. 904.10, Stats. 1979-80, which provides: `904.”
Kustelski v. Taylor, 2003 WI App 194 (Wis. Ct. App. 2003). “Nevertheless, the circuit court, sua sponte, ordered summary judgment and dismissed that claim based on its understanding that "even a no contest can be used against him in a civil case once there is a finding of guilt," and that "based upon the plea, no reasonable jury under…”
Robinson v. City of West Allis, 2000 WI 126 (Wis. 2000). “Next we consider the effect of Robinson's plea of no contest to the charge of battery to a law enforcement officer. The benefit of a no contest plea has to this point been limited to the evidentiary bar of the use of the plea as an admission of the crime charged.”
State v. Nicholson, 523 N.W.2d 573 (Wis. Ct. App. 1994). “Nicholson argues that his constitutional right to counsel was violated when his mother, as an agent for the police, initiated questioning after he had requested an attorney; that his statement was involuntary; that his statement was taken during plea negotiations and was,…”
State v. Nash, 366 N.W.2d 146 (Wis. Ct. App. 1985). “Nash maintains that the admission of this evidence violates sec. 904.10, Stats., which states: Evidence of a plea of guilty, later withdrawn .”
State v. Daniel J. Rejholec (Wis. Ct. App. 2025). “§ 904.10, granted the motion, and the State appealed.”
State v. Crowell, 440 N.W.2d 352 (Wis. 1989). “1985-86, provides as follows: Evidence of a plea of guilty, later withdrawn, or a plea of no contest, or of an offer to the court or prosecuting attorney to plead guilty or no contest to the crime charged or any other crime, or in civil forfeiture actions, is not admissible in…”
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