STATE OF ALASKA
[SUPERIOR/DISTRICT] COURT FOR THE STATE OF ALASKA
PLEA AGREEMENT
Case Caption
STATE OF ALASKA, )
Plaintiff, )
) Case No.: [CASE NO.]
v. )
)
[DEFENDANT LEGAL NAME], )
Defendant. )
Effective Date: [DATE]
Venue: [COUNTY], Alaska
Governing Law: Alaska criminal law, including Alaska R. Crim. P. 11 and Alaska Stat. §§ 12.55.015–12.55.155.
[// GUIDANCE: Tailor this template to the specific indictment, charging document, and negotiated terms. Confirm compliance with any local court administrative orders.]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Provisions
4.1 Charges and Plea
4.2 Maximum Penalties & Mandatory Consequences
4.3 Agreed-Upon Disposition / Sentencing Recommendation
4.4 Waiver of Rights (Trial, Appeal, Collateral Attack)
4.5 Additional Defendant Obligations
4.6 Government Obligations - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- General Provisions
- Execution Block
- Judicial Acceptance
1. DOCUMENT HEADER
This Plea Agreement (“Agreement”) is entered into as of the Effective Date by and between the State of Alaska, through the Office of the District Attorney for [JUDICIAL DISTRICT] (the “Government”), and [DEFENDANT LEGAL NAME] (“Defendant,” and together with the Government, the “Parties”).
2. RECITALS
A. The Defendant has been charged by [Information/Indictment] filed on [FILING DATE] in the above-captioned matter (the “Charges”).
B. The Parties seek to resolve the Charges without trial pursuant to Alaska R. Crim. P. 11.
C. The consideration for this Agreement includes the mutual promises and undertakings set forth herein, including the Defendant’s waiver of specified constitutional and statutory rights and the Government’s sentencing recommendations.
3. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings assigned below:
“Agreement” means this Plea Agreement, including all exhibits, schedules, and any addenda executed in accordance herewith.
“Charges” means the criminal counts identified in Section 4.1.
“Court” means the [SUPERIOR/DISTRICT] Court for the State of Alaska in the above-captioned matter.
“Defendant” means [DEFENDANT LEGAL NAME], inclusive of all aliases listed in the charging document.
“Government” means the State of Alaska acting through the Office of the District Attorney for [JUDICIAL DISTRICT].
“Parties” means collectively the Government and the Defendant.
“Relevant Conduct” has the meaning assigned by Alaska Stat. § 12.55.155 and any applicable federal sentencing principles incorporated by reference.
4. OPERATIVE PROVISIONS
4.1 Charges and Plea
(a) The Defendant agrees to plead [GUILTY/NO CONTEST] to the following count(s):
• Count [NUMBER]: [STATUTE] – [OFFENSE TITLE]
[// GUIDANCE: Identify each count to which a plea is entered; dismissals should be listed in Section 4.6.]
(b) The Government agrees to dismiss, at sentencing, the following count(s):
• Count [NUMBER]: [STATUTE] – [OFFENSE TITLE]
(c) The plea will be entered pursuant to Alaska R. Crim. P. 11(c)(1)(A) [binding] / 11(c)(1)(B) [recommendation].
[// GUIDANCE: Select the correct Rule 11 subsection based on negotiated terms.]
4.2 Maximum Penalties & Mandatory Consequences
The Defendant acknowledges understanding that the Court may impose up to the maximum penalties authorized by law, including:
1. Incarceration: up to [YEARS] years.
2. Fine: up to $[AMOUNT] plus applicable surcharges.
3. Mandatory restitution under Alaska Stat. § 12.55.045.
4. Statutory surcharges, probation, license revocation, registration, and any collateral civil penalties mandated by statute.
5. Parole conditions as determined by the Alaska Board of Parole.
4.3 Agreed-Upon Disposition / Sentencing Recommendation
(a) The Parties agree to recommend the following composite sentence:
• Active jail: [MONTHS/YEARS]
• Suspended jail: [MONTHS/YEARS]
• Probation: [YEARS] with standard and special conditions (see Exhibit A)
• Fine: $[AMOUNT]
• Restitution: $[AMOUNT] payable per schedule approved by the Court
• Credit for time served: [DAYS]
(b) Both Parties understand that sentencing is ultimately within the Court’s discretion pursuant to Alaska Stat. §§ 12.55.015–12.55.155. If the Court declines to follow an 11(c)(1)(A) binding agreement, the Defendant may withdraw the plea. If the Agreement is under 11(c)(1)(B), the Defendant may not withdraw solely because the Court imposes a sentence different from the recommendation.
4.4 Waiver of Rights
(a) Trial Rights: By entering this plea, the Defendant knowingly and voluntarily waives the right to a jury trial, to confront and cross-examine witnesses, to compel the attendance of witnesses, to testify or remain silent, and to require the Government to prove guilt beyond a reasonable doubt.
(b) Appeal Waiver: Except as to (i) an illegal sentence, (ii) a sentence exceeding the statutory maximum, or (iii) ineffective assistance of counsel, the Defendant waives the right to appeal the conviction and sentence, and waives the right to seek post-conviction relief under Alaska R. Crim. P. 35.
(c) Collateral Attack: The Defendant waives the right to collaterally attack the conviction in state or federal court, except as preserved in subsection (b).
[// GUIDANCE: Alaska law does not permit waiver of the right to appeal an illegal sentence; retain carve-outs.]
4.5 Additional Defendant Obligations
(a) Truthful Disclosures: Defendant shall provide complete and truthful information to the Court and the Department of Corrections.
(b) Cooperation: [IF APPLICABLE] Defendant agrees to cooperate with ongoing investigations/proceedings described in Exhibit B.
(c) Compliance: Defendant will comply with all conditions of release and any pre-sentence requirements imposed by the Court.
4.6 Government Obligations
(a) Sentencing Recommendation: The Government will recommend the sentence set forth in Section 4.3.
(b) Dismissal of Counts: Upon successful sentencing, the Government will move to dismiss the counts listed in Section 4.1(b).
(c) No Further Prosecution: The Government agrees not to prosecute Defendant for additional offenses arising out of the factual basis for the Charges as of the Effective Date, except for material breaches described in Section 7.
5. REPRESENTATIONS & WARRANTIES
5.1 By Defendant
(a) Competency: Defendant affirms being mentally competent and not under the influence of any impairing substance.
(b) Voluntariness: Defendant enters this Agreement voluntarily and of Defendant’s own free will, after consultation with counsel.
(c) Factual Basis: Defendant stipulates that a factual basis exists for each element of the offense(s) and will execute or adopt a written factual statement at the plea hearing.
5.2 By the Government
The Government represents that it believes the Charges can be proven beyond a reasonable doubt at trial and that its entry into this Agreement is consistent with law, policy, and the interests of justice.
6. COVENANTS & RESTRICTIONS
6.1 No Contact Orders: Defendant shall abide by any existing or newly imposed protective orders.
6.2 Travel Restrictions: Defendant shall obtain advance written approval from the Court or probation officer before leaving Alaska.
6.3 Firearms: Defendant shall not possess firearms or ammunition in violation of Alaska or federal law.
7. DEFAULT & REMEDIES
7.1 Defendant Breach
(a) Material Breach Defined: Any intentional misrepresentation, failure to appear, commission of new crimes, or violation of Sections 4.5 or 6 constitutes a material breach.
(b) Consequences: Upon breach, the Government may (i) void this Agreement, (ii) reinstate dismissed counts, (iii) use Defendant’s statements in any prosecution, and (iv) pursue any legal remedy available.
7.2 Government Breach
If the Government materially breaches Section 4.6, Defendant may (i) seek specific performance, (ii) petition to withdraw the plea, or (iii) pursue any remedy recognized by Alaska law.
7.3 Notice & Cure
A Party alleging breach shall provide written notice to the other Party. Where feasible, the breaching Party shall have a reasonable opportunity to cure prior to the exercise of remedies, except breaches involving new criminal conduct.
8. GENERAL PROVISIONS
8.1 Entire Agreement: This document, including exhibits, constitutes the full and complete agreement between the Parties.
8.2 Amendments: Any modification must be in writing, signed by all Parties, and approved by the Court.
8.3 Severability: If any provision is held invalid, the remaining provisions shall remain in full force, provided the essential benefits of the bargain are preserved.
8.4 Assignment: Rights and duties hereunder are non-assignable.
8.5 Counterparts & Electronic Signatures: This Agreement may be executed in counterparts, including by electronic or facsimile signature, each of which constitutes an original.
8.6 Interpretation: The headings are for convenience only and shall not affect interpretation. This Agreement shall be construed fairly, without regard to authorship.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.
9.1 Defendant
[DEFENDANT LEGAL NAME]
Date: _______
9.2 Defense Counsel
I, [COUNSEL NAME], counsel for Defendant, certify that I have fully explained the foregoing to my client, have answered all questions, and believe the Defendant’s plea is knowing and voluntary.
[COUNSEL NAME], Bar No. [BAR NO.]
Date: _______
9.3 Government
[PROSECUTOR NAME], Assistant District Attorney
Office of the District Attorney, [JUDICIAL DISTRICT]
Date: _______
10. JUDICIAL ACCEPTANCE
Pursuant to Alaska R. Crim. P. 11, the Court finds that the plea is knowingly and voluntarily made, that a factual basis exists, and that acceptance of the Agreement serves the interests of justice.
IT IS SO ORDERED this _ day of _, 20__.
[JUDGE NAME]
[SUPERIOR/DISTRICT] Court Judge
EXHIBIT A
(Standard & Special Probation Conditions)
[// GUIDANCE: Insert or attach the court’s current standard conditions and any negotiated special conditions, e.g., treatment requirements, community service.]
EXHIBIT B
(Statement of Defendant’s Cooperation)
[IF APPLICABLE]
[// GUIDANCE: Save an unsigned copy for the court file and distribute executed originals to the Court, the Government, defense counsel, and the Department of Corrections as required.]