STATE OF ALABAMA
PLEA AGREEMENT
[// GUIDANCE: This template is drafted for use in Alabama state criminal prosecutions. It tracks Ala. R. Crim. P. 14, the Alabama Sentencing Standards (Ala. Code §§ 12-25-30 et seq.), and standard plea-bargaining practice. Customize all bracketed text and confirm compliance with local rules, standing orders, and judge-specific practices before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Plea and Charges
3.2 Rights Waived
3.3 Factual Basis
3.4 Sentencing and Guidelines Application
3.5 Restitution and Financial Obligations
3.6 Cooperation Obligations (if any)
3.7 Conditions Precedent & Subsequent - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Plea Agreement (the “Agreement”) is entered into and becomes effective as of [EFFECTIVE DATE] (the “Effective Date”) by and among:
(a) The State of Alabama, acting through the Office of the [COUNTY NAME] District Attorney (the “Prosecution”); and
(b) [DEFENDANT FULL LEGAL NAME], an individual, DOB [DATE], residing at [ADDRESS] (the “Defendant”).
This Agreement concerns criminal proceedings pending in the [NAME OF COURT] (the “Court”) under Case No. [CASE NUMBER] and is governed by the laws of the State of Alabama, including Ala. R. Crim. P. 14 and Ala. Code §§ 12-25-30 et seq.
Recitals
A. Defendant has been charged by [indictment/information] with the offenses set forth below.
B. The parties desire to resolve all charges without trial pursuant to the terms and conditions herein.
C. Each party acknowledges the mutual promises and undertakings set forth below as good and sufficient consideration.
2. DEFINITIONS
For purposes of this Agreement:
“Applicable Guidelines” means the presumptive and/or non-presumptive sentencing range calculated under the Alabama Sentencing Standards in effect as of the Effective Date.
“Charges” means Count [NUMBER] — [STATUTORY OFFENSE] in violation of Ala. Code § [STATUTE], and any lesser-included offenses referenced herein.
“Court” has the meaning set forth in the Document Header.
“Defendant” has the meaning set forth in the Document Header and includes any aliases disclosed in the record.
“Effective Date” has the meaning set forth in the Document Header.
“Prosecution” has the meaning set forth in the Document Header and includes its successors and assigns.
“Revocation Event” has the meaning assigned in Section 6.1.
“Sentence” means the term of incarceration, probation, community corrections, fines, restitution, fees, assessments, court costs, and any other disposition imposed by the Court pursuant to Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Plea and Charges
3.1.1 Defendant shall tender a plea of [GUILTY / “BEST-INTEREST” ALFORD / NOLO CONTENDERE (if accepted by Court)] to the Charges.
3.1.2 The Prosecution agrees to move for the dismissal of the following counts upon the Court’s acceptance of this Agreement: [LIST DISMISSED COUNTS] (collectively, the “Dismissed Counts”).
3.2 Rights Waived
Pursuant to Ala. R. Crim. P. 14.4, Defendant expressly and voluntarily waives the following:
a. The right to a jury trial;
b. The right to confront and cross-examine witnesses;
c. The right to remain silent and not incriminate oneself;
d. The right to compel witnesses;
e. The right to appeal the conviction and Sentence, except:
i. A claim that the Sentence exceeds the maximum authorized by law;
ii. A claim of ineffective assistance of counsel;
iii. A claim that the plea was not knowing, voluntary, or intelligent.
[// GUIDANCE: Many Alabama circuits require a separate written “Waiver of Rights & Certificate of Counsel.” Attach as Exhibit A if mandated.]
3.3 Factual Basis
Defendant stipulates that the following facts are true and correct and establish a sufficient factual basis for the plea under Ala. R. Crim. P. 14.2:
[INSERT ADMITTED FACTS WITH PARTICULARITY]
3.4 Sentencing and Guidelines Application
3.4.1 Sentencing Range. The parties agree that the applicable statutory sentencing range is [MIN] to [MAX] years, and that the Applicable Guidelines yield a recommended dispositional range of [GUIDELINES RANGE].
3.4.2 Agreed Sentence. Subject to Court approval, the parties jointly recommend:
a. Incarceration: [TERM];
b. Probation/Post-Release Supervision: [TERM];
c. Community Corrections: [YES/NO & TERM].
3.4.3 Judicial Discretion. The Court retains ultimate sentencing discretion within statutory limits. If the Court elects a Sentence outside the jointly recommended terms but within statutory limits, such deviation shall not constitute a breach.
3.4.4 Credit for Time Served. Defendant shall receive credit for [NUMBER] days of lawful pre-sentence detention.
3.5 Restitution and Financial Obligations
3.5.1 Restitution. Defendant shall pay restitution of $[AMOUNT] to [VICTIM NAME] per Ala. Code § 15-18-67.
3.5.2 Fines & Fees. Defendant shall pay all mandatory fines, assessments, and costs, including but not limited to the Alabama Crime Victims Compensation Assessment and docket fees.
3.6 Cooperation Obligations (Optional)
If Section 3.6 is designated “Applicable” below, Defendant shall fully, truthfully, and timely cooperate with law enforcement as described.
☐ Applicable ☐ Not Applicable
[DESCRIBE SCOPE: debriefings, testimony, document production, etc.]
3.7 Conditions Precedent & Subsequent
3.7.1 Pre-Plea Filings. Defendant shall execute all required forms (e.g., Ireland Form) no later than [DATE].
3.7.2 Court Acceptance. This Agreement becomes binding only upon (i) Defendant’s sworn plea colloquy, and (ii) the Court’s oral and written acceptance.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant represents and warrants that:
a. Defendant is competent, has reviewed the Charges, and fully understands this Agreement;
b. Plea counsel has explained the constitutional rights enumerated in Section 3.2;
c. No promises exist outside this writing, nor has any coercion induced the plea;
d. Defendant is a U.S. citizen ☐ Yes ☐ No (if “No,” immigration advisement pursuant to Padilla applies).
4.2 Prosecution represents and warrants that:
a. It has the authority to bind the State through this Agreement;
b. No evidence known to the Prosecution would establish Defendant’s actual innocence.
4.3 Survival. The warranties in this Article survive the Court’s acceptance and the imposition of Sentence.
5. COVENANTS & RESTRICTIONS
5.1 Defendant shall:
a. Refrain from violating any federal, state, or local law pending sentencing;
b. Appear at all future proceedings as required;
c. Comply with all pre-sentence investigation requests.
5.2 Prosecution shall:
a. File or join in any motion required to implement Section 3.4;
b. Notify the sentencing judge of Defendant’s compliance or non-compliance.
6. DEFAULT & REMEDIES
6.1 Revocation Event. Any of the following constitutes a “Revocation Event”:
i. Defendant’s material breach of Section 5;
ii. Defendant’s false statement to the Court;
iii. Commission of a new criminal offense prior to sentencing.
6.2 Remedies. Upon a Revocation Event, the Prosecution may:
a. Declare this Agreement null and void;
b. Reinstate the Dismissed Counts;
c. Use Defendant’s admissions herein against Defendant in any proceeding;
d. Oppose any motion to withdraw the plea.
6.3 Notice and Opportunity to Cure. The Prosecution shall provide written notice of breach to defense counsel. Defendant shall have 10 calendar days to cure if the breach is reasonably curable (e.g., missed appointment).
7. RISK ALLOCATION
7.1 Limitation of Liability. The parties agree that Defendant’s maximum exposure is limited to the statutory maximum Sentence for the Charges, and no civil liability of the State is created by this Agreement.
7.2 No Indemnification. Consistent with Section 7 of the metadata, no indemnification obligations arise hereunder.
7.3 Force Majeure. Sentencing hearings delayed by circumstances beyond the parties’ control (e.g., Court closures, public emergencies) shall be continued without constituting breach.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed exclusively by the laws of the State of Alabama.
8.2 Forum Selection. Any dispute arising under or relating to this Agreement shall be resolved in the [NAME OF COURT], which retains continuing jurisdiction.
8.3 Arbitration. Arbitration is not available for criminal matters in Alabama and is expressly disclaimed.
8.4 Jury Waiver. By entering this plea, Defendant irrevocably waives the right to a jury trial on the Charges.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This writing constitutes the complete agreement of the parties and supersedes all prior negotiations, understandings, or promises.
9.2 Amendments. Any modification must be in writing, signed by all parties, and approved by the Court.
9.3 Severability. If any provision is held unenforceable, the remainder shall remain in effect.
9.4 Successors & Assigns. This Agreement binds the parties and their respective successors, legal representatives, and, where applicable, assigns.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by facsimile, email, or secure electronic platform shall be deemed originals under Ala. Code § 8-1A-7.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Defendant
[DEFENDANT NAME]
Date: _______
Counsel for Defendant
[ATTORNEY NAME], Esq.
Alabama Bar No. [BAR #]
Date: _______
State of Alabama
Office of the District Attorney
[COUNTY NAME] Judicial Circuit
[PROSECUTOR NAME],
Assistant District Attorney
Date: _______
Judicial Acceptance
Pursuant to Ala. R. Crim. P. 14, the foregoing Plea Agreement is hereby ACCEPTED and ORDERED.
[NAME OF JUDGE]
Circuit Judge, [COUNTY] County
Date: _______
[// GUIDANCE: Attach any required exhibits—e.g., detailed restitution schedule, cooperation addendum, or Padilla advisement—as needed. Confirm that a Rule 14.4 certificate is filed contemporaneously.]