Plea Agreement
Drafts an enforceable plea agreement formalizing the negotiated resolution of criminal charges between defendant and prosecution, compliant with Fed. R. Crim. P. 11 or state equivalents.
Prerequisites
Gather before drafting:
- Case info — case number, court, presiding judge, full caption
- Charge sheet — all original charges with statute citations and max penalties
- Negotiated terms — plea charges, dismissed charges, sentencing concessions
- Factual basis — agreed facts establishing each element of plea offense(s)
- Defendant info — full legal name, aliases, DOB
- Cooperation terms (if any) — debriefing, testimony, ongoing obligations
Quick Start
- Collect all prerequisites above
- Identify agreement type (Rule 11(c)(1)(A), (B), or (C); or state equivalent)
- Draft sections in order below
- Run through the pitfalls checklist before finalizing
Document Sections
Draft these sections in order:
1. Parties & Jurisdiction
| Field |
Content |
| Defendant |
Full name, aliases/AKAs, DOB, case number |
| Prosecution |
Office (USAO / DA), assigned prosecutor |
| Court |
Name, district/division, presiding judge |
| Jurisdictional basis |
Statutory authority |
2. Charges & Plea Specification
- Table all original charges: count number, statute, offense, max penalty
- Table plea charges: counts defendant pleads to (guilty or nolo contendere)
- List dismissed/not-pursued charges
- If charge reduction: state both original and reduced charge explicitly
- Include voluntariness statement
3. Factual Basis
Stipulated facts establishing every element of each plea offense. Must cover:
- Date, time, location of offense
- Defendant's conduct constituting the crime
- Victims, co-conspirators, relevant parties
- Mental state / intent as required by statute
- Aggravating or mitigating circumstances relevant to sentencing
Write so defendant can acknowledge as true. This stipulation binds defendant and may be used in subsequent proceedings.
4. Sentencing Recommendations
Identify the agreement type:
| Type |
Effect |
| Rule 11(c)(1)(A) |
Charge dismissal / non-prosecution agreement |
| Rule 11(c)(1)(B) |
Non-binding recommendation — court may reject |
| Rule 11(c)(1)(C) |
Binding sentence — defendant may withdraw if court rejects |
For state cases, cite the equivalent rule.
Include as applicable: incarceration/probation recommendation, fines, restitution and payment schedule, supervised release conditions, forfeiture terms, guideline calculations, departure/variance positions, government sentencing posture, defendant's right to request different sentence.
5. Rights Waived & Retained
Waived:
- Jury trial and confrontation of witnesses
- Privilege against self-incrimination
- Compulsory process for defense witnesses
- Appeal (specify scope: sentence, conviction, or both)
- Post-conviction relief (specify exceptions: ineffective assistance, prosecutorial misconduct)
- Speedy Trial Act rights
Retained:
- Challenge illegal sentence
- Challenge voluntariness of plea
- Any other negotiated retained rights
Include confirmation defendant discussed waivers with counsel.
6. Additional Terms
Address as applicable:
- Cooperation obligations (testimony, debriefings, law enforcement cooperation)
- Related civil/administrative proceeding agreements
- Media contact restrictions
- Breach provisions — consequences for each party's breach
- Government's right to reinstate dismissed charges upon defendant's breach
7. Acknowledgments
Defendant affirms:
- Plea is voluntary — no force, threats, or undisclosed promises
- Reviewed agreement with counsel; understands all terms
- Satisfied with counsel's representation
- Understands charges and potential penalties
- Mentally competent; not under influence of substances
- Agreement constitutes entire understanding (integration clause)
8. Signature Blocks
Include signature lines with date fields for:
- Defendant — full name
- Defense counsel — name, bar number, certification that agreement was explained and plea is voluntary and knowing
- Prosecutor — name, title, office
- Judge — if required by local rules
Pitfalls & Checks
1---2name: plea-agreement3description: Drafts criminal defense plea agreements formalizing negotiated resolutions between defendant and prosecution. Covers charge specifications, factual basis, sentencing recommendations, rights waivers, cooperation terms, and breach provisions. Use when drafting plea deals, guilty plea agreements, no contest pleas, or cooperation agreements in criminal matters.4license: Apache-2.05---67# Plea Agreement89Drafts an enforceable plea agreement formalizing the negotiated resolution of criminal charges between defendant and prosecution, compliant with Fed. R. Crim. P. 11 or state equivalents.1011## Prerequisites1213Gather before drafting:1415- **Case info** — case number, court, presiding judge, full caption16- **Charge sheet** — all original charges with statute citations and max penalties17- **Negotiated terms** — plea charges, dismissed charges, sentencing concessions18- **Factual basis** — agreed facts establishing each element of plea offense(s)19- **Defendant info** — full legal name, aliases, DOB20- **Cooperation terms** (if any) — debriefing, testimony, ongoing obligations2122## Quick Start23241. Collect all prerequisites above252. Identify agreement type (Rule 11(c)(1)(A), (B), or (C); or state equivalent)263. Draft sections in order below274. Run through the pitfalls checklist before finalizing2829## Document Sections3031Draft these sections in order:3233### 1. Parties & Jurisdiction3435| Field | Content |36|-------|---------|37| Defendant | Full name, aliases/AKAs, DOB, case number |38| Prosecution | Office (USAO / DA), assigned prosecutor |39| Court | Name, district/division, presiding judge |40| Jurisdictional basis | Statutory authority |4142### 2. Charges & Plea Specification4344- Table **all original charges**: count number, statute, offense, max penalty45- Table **plea charges**: counts defendant pleads to (guilty or nolo contendere)46- List **dismissed/not-pursued charges**47- If charge reduction: state both original and reduced charge explicitly48- Include voluntariness statement4950### 3. Factual Basis5152Stipulated facts establishing every element of each plea offense. Must cover:5354- Date, time, location of offense55- Defendant's conduct constituting the crime56- Victims, co-conspirators, relevant parties57- Mental state / intent as required by statute58- Aggravating or mitigating circumstances relevant to sentencing5960Write so defendant can acknowledge as true. This stipulation binds defendant and may be used in subsequent proceedings.6162### 4. Sentencing Recommendations6364Identify the agreement type:6566| Type | Effect |67|------|--------|68| Rule 11(c)(1)(A) | Charge dismissal / non-prosecution agreement |69| Rule 11(c)(1)(B) | Non-binding recommendation — court may reject |70| Rule 11(c)(1)(C) | Binding sentence — defendant may withdraw if court rejects |7172For state cases, cite the equivalent rule.7374Include as applicable: incarceration/probation recommendation, fines, restitution and payment schedule, supervised release conditions, forfeiture terms, guideline calculations, departure/variance positions, government sentencing posture, defendant's right to request different sentence.7576### 5. Rights Waived & Retained7778**Waived:**79- Jury trial and confrontation of witnesses80- Privilege against self-incrimination81- Compulsory process for defense witnesses82- Appeal (specify scope: sentence, conviction, or both)83- Post-conviction relief (specify exceptions: ineffective assistance, prosecutorial misconduct)84- Speedy Trial Act rights8586**Retained:**87- Challenge illegal sentence88- Challenge voluntariness of plea89- Any other negotiated retained rights9091Include confirmation defendant discussed waivers with counsel.9293### 6. Additional Terms9495Address as applicable:9697- Cooperation obligations (testimony, debriefings, law enforcement cooperation)98- Related civil/administrative proceeding agreements99- Media contact restrictions100- Breach provisions — consequences for each party's breach101- Government's right to reinstate dismissed charges upon defendant's breach102103### 7. Acknowledgments104105Defendant affirms:106107- Plea is voluntary — no force, threats, or undisclosed promises108- Reviewed agreement with counsel; understands all terms109- Satisfied with counsel's representation110- Understands charges and potential penalties111- Mentally competent; not under influence of substances112- Agreement constitutes entire understanding (integration clause)113114### 8. Signature Blocks115116Include signature lines with date fields for:117118- **Defendant** — full name119- **Defense counsel** — name, bar number, certification that agreement was explained and plea is voluntary and knowing120- **Prosecutor** — name, title, office121- **Judge** — if required by local rules122123## Pitfalls & Checks124125- [ ] Use plain language; retain terms of art only where legally necessary126- [ ] Number all paragraphs for cross-reference at plea colloquy127- [ ] Verify internal consistency — dismissed charges, retained rights, and breach provisions must align128- [ ] Confirm compliance with Fed. R. Crim. P. 11 (federal) or state equivalent plus local rules129- [ ] For state cases, adapt all Rule 11 references to applicable state rule130- [ ] Never include terms beyond what the parties actually negotiated131- [ ] Flag ambiguous sentencing terms — courts scrutinize vagueness at plea hearings132- [ ] For cooperation agreements, ensure defendant protections (use immunity, safe harbor provisions)
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