Legal Felony Form

LEGAL FELONY FORM

This Felony Plea Agreement (the Agreement) is entered into on Date: by and between Client Name: (Defendant) and Prosecuting Authority: (Prosecutor). The Defendant and Prosecutor are sometimes referred to collectively as the Parties.

RECITALS

WHEREAS, Defendant is charged in Case Number: filed in Court: with the offense(s) described as: ;

WHEREAS, the Parties desire to resolve the criminal charges by means of a negotiated plea to the charge specified herein, subject to the Court's acceptance of this Agreement and imposition of sentence in accordance with the terms set forth; and

WHEREAS, Defendant acknowledges that Defendant has been advised of legal rights, including the right to a jury trial, the right to confront and cross-examine witnesses, and the right to present evidence, and that Defendant knowingly and voluntarily waives those rights as set forth below in exchange for the concessions agreed to by the Prosecutor.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

1. PLEA AND CHARGE

1.1 Plea: Defendant agrees to enter a plea of Guilty No Contest (Nolo Contendere) to the following charge:

1.2 Dismissal of Other Counts: In exchange for the plea specified in Section 1.1, the Prosecutor agrees to move to dismiss the remaining counts listed in the Information/Indictment that are identified here: , provided the Court accepts this Agreement.

2. FACTUAL BASIS

2.1 Stipulation: Defendant stipulates and admits that the following facts establish a factual basis for the plea:

3. WAIVER OF RIGHTS

3.1 Defendant knowingly, voluntarily, and expressly waives the following rights: the right to a jury trial; the right to confront and cross-examine adverse witnesses; the right to call witnesses and present evidence; the right to require the Prosecutor to prove guilt beyond a reasonable doubt; and the right to appeal convictions or sentences except as reserved in Section 9 of this Agreement. The waiver of each right is made with full understanding of the consequences.

4. SENTENCING RECOMMENDATION

4.1 Recommendation to Court: The Prosecutor agrees to recommend the following disposition to the Court: . The Court retains full discretion to accept, reject, or modify the recommendation.

4.2 Sentencing Components: The Parties acknowledge that the sentence may include imprisonment, fines, restitution, supervision, and other lawful penalties. Agreed restitution amount (if any): $. Agreed fine amount (if any): $.

5. CONSEQUENCES OF BREACH

5.1 If the Court imposes a sentence inconsistent with the Parties' agreement, Defendant may not withdraw the plea unless the Prosecutor expressly permits withdrawal. Defendant understands that violation of any material provision of this Agreement shall permit the Prosecutor to seek the full range of charges and penalties originally available and to withdraw any concessions previously offered.

6. COOPERATION

6.1 Cooperation Obligation: Defendant agrees to cooperate fully with law enforcement and the Prosecutor in ongoing investigations as specified here:

7. REPRESENTATIONS AND COVENANTS

7.1 Defendant represents that Defendant has consulted with counsel, has an opportunity to review the discovery and evidence, and is satisfied with counsel's advice. Defendant further represents that Defendant's plea is free, voluntary, and not the result of force, threats, intimidation, or promises not contained in this Agreement.

8. NO OTHER AGREEMENTS

8.1 Entire Agreement: This Agreement constitutes the full and complete agreement between the Parties regarding the subject matter hereof. No other agreements, promises, or representations, whether oral or written, exist between the Parties except as expressly set forth herein.

9. APPEAL RIGHTS

9.1 Appeal: Unless otherwise reserved in writing below, Defendant knowingly waives the right to appeal the conviction and sentence imposed pursuant to this Agreement. Reserved issues for appeal (if any):

10. NOTICES

10.1 All notices, requests, demands, or other communications required or permitted by this Agreement shall be in writing and delivered to the Parties at the following addresses:

Defendant Address:

Prosecutor Address:

11. AMENDMENT; WAIVER; COUNTERPARTS

11.1 Amendment and Waiver: This Agreement may be amended only by a writing signed by both Parties. No waiver of any breach shall be effective except in a writing signed by the Party granting the waiver.

11.2 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW; SEVERABILITY

12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the underlying prosecution is pending, without regard to conflict of law principles.

12.2 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall be construed to effectuate the Parties' intent to the fullest extent permitted by law.

CERTIFICATIONS

Defendant certifies under penalty of perjury that Defendant has read this Agreement, fully understands its terms, and enters into this Agreement knowingly and voluntarily.

Prosecutor certifies that the concessions and recommendations contained in this Agreement are made on behalf of the office identified above and are authorized by law and office policy.

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