Legal Plea Letter

LEGAL PLEA LETTER

This Legal Plea Letter (the "Agreement") is made and entered into on by and between Prosecuting Authority: represented by Prosecutor: , and Defendant: (Defendant D.O.B.: ), in the matter captioned before Court: , Docket/Case No.: .

Recitals

WHEREAS, the Prosecuting Authority has charged Defendant with the offense(s) described as: under statute(s): ; and

WHEREAS, the parties have engaged in discussions and negotiations and desire to resolve the matter without further litigation subject to the terms and conditions set forth in this Agreement; and

WHEREAS, Defendant acknowledges that Defendant has been advised by counsel and understands the rights being relinquished by entering a plea as set forth below.

Now, Therefore

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

1. Plea and Charge

1.1 Plea. Defendant agrees to enter a plea of to Count(s): of the charging instrument identified above.

1.2 Dismissal. In exchange for the plea described in Section 1.1, the Prosecuting Authority agrees to move to dismiss the remaining count(s) as follows: , subject to the Court's acceptance of this Agreement.

2. Factual Basis

2.1 The parties agree that the following recitation constitutes a factual basis for the plea, and Defendant admits to the essential elements of the offense(s):

2.2 The factual recitation set forth in Section 2.1 may be presented to the Court and relied upon by the Court in determining sentence.

3. Sentencing Recommendation and Disposition

3.1 Recommended Sentence. The parties recommend the following disposition to the Court: .

3.2 Financial Obligations. Defendant agrees to pay fines, restitution, assessments, and costs as follows: Amount of fine: $; Restitution amount: $. Payment schedule or terms:

4. Waiver of Rights

4.1 By pleading pursuant to this Agreement, Defendant knowingly, voluntarily, and intelligently waives the following rights: the right to a jury trial; the right to confront and cross-examine witnesses; the right to subpoena witnesses in Defendant's behalf; the right to remain silent; and the right to appeal except as expressly preserved in Section 9. Defendant acknowledges that the waiver of these rights is complete and informed.

4.2 Defendant acknowledges that nothing in this Agreement guarantees a particular sentence; the Court retains sole discretion to accept, modify, or reject any recommendation.

5. Cooperation and Truthfulness

5.1 Defendant agrees to cooperate fully and truthfully with law enforcement and the Prosecuting Authority on matters material to investigations related to or arising from the offense(s). Defendant acknowledges that any material false statement or intentional omission to investigators, prosecutors, or the Court shall constitute a breach giving the Prosecuting Authority the right to withdraw from this Agreement and to reinstate dismissed charges or seek enhanced disposition.

6. Breach; Withdrawal

6.1 If Defendant materially breaches any provision of this Agreement, the Prosecuting Authority may withdraw from the Agreement and pursue any and all charges originally alleged or additional charges permitted by law. In the event of such withdrawal, any statements made by Defendant in connection with this Agreement may be used against Defendant consistent with applicable law.

7. Confidentiality and Public Statements

7.1 The parties agree that negotiations and drafts leading to this Agreement are privileged and not admissible at trial under rules governing plea negotiations, except as necessary to enforce this Agreement. The Prosecuting Authority may make public statements regarding the disposition of the case; Defendant agrees that counsel may make limited statements as necessary to effectuate the terms of the plea and sentencing.

8. Appeals and Post-Conviction

8.1 Except as reserved in a written addendum to this Agreement, Defendant expressly waives the right to appeal any sentence that is within the terms of this Agreement, and waives the right to collaterally attack the conviction or sentence except on grounds of ineffective assistance of counsel or prosecutorial misconduct not known at the time of the plea.

9. Notices

10. Governing Law; Miscellaneous

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of , without regard to principles of conflicts of law.

10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, negotiations, and representations.

10.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the invalid provision shall be replaced by a valid provision that comes closest to the parties' intent.

10.4 Amendments and Waiver. Any amendment or waiver of any provision of this Agreement must be in writing and signed by the party against whom enforcement is sought. No delay or failure to exercise any right shall constitute a waiver.

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

Execution

By signing below, Defendant affirms that Defendant has read this Agreement, that Defendant has been advised of constitutional and statutory rights by counsel, that Defendant understands the terms and consequences of this Agreement, and that Defendant voluntarily agrees to the terms set forth herein.

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