**STATE OF ARKANSAS
PLEA AND SENTENCING AGREEMENT
(Template – For Attorney Customization)
[// GUIDANCE: This template is structured for use in Arkansas state criminal prosecutions. It conforms to Arkansas Rules of Criminal Procedure and incorporates Arkansas Sentencing Guidelines. Delete guidance boxes before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Charges Subject to Plea
3.2 Defendant’s Plea
3.3 Factual Basis - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Plea and Sentencing Agreement (this “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and among:
(a) The State of Arkansas, by and through the duly elected Prosecuting Attorney of the [___] Judicial District (the “Prosecuting Attorney”); and
(b) [DEFENDANT FULL LEGAL NAME], an individual (the “Defendant”).
Recitals
A. The Defendant has been charged in the Circuit Court of [COUNTY] County, Arkansas (the “Court”) in Case No. [CASE NUMBER] with the criminal offenses identified herein (collectively, the “Charges”).
B. The parties desire to resolve all pending Charges by way of a negotiated plea in accordance with Arkansas law, the Arkansas Rules of Criminal Procedure, and the Arkansas Sentencing Guidelines (the “Guidelines”).
C. In consideration of the mutual promises and obligations set forth below, the parties hereby enter into this Agreement.
2. DEFINITIONS
“Agreement” – This Plea and Sentencing Agreement, including all exhibits and schedules, as amended in writing.
“Charges” – The criminal count(s) described in Section 3.1.
“Court” – The Circuit Court of [COUNTY] County, Arkansas, or such other state court of competent jurisdiction presiding over Case No. [CASE NUMBER].
“Guidelines” – The Arkansas Sentencing Guidelines, including any officially promulgated worksheets, scoring grids, and commentary in effect on the Effective Date.
“Parties” – Collectively, the Prosecuting Attorney and the Defendant.
“Sentence” – The disposition set forth in Section 3.4, incorporating any term of imprisonment, probation/parole, fines, restitution, fees, assessments, or other lawful conditions.
3. OPERATIVE PROVISIONS
3.1 Charges Subject to Plea
The Defendant is presently charged with:
| Count | Arkansas Code Citation | Offense Description | Class/Seriousness | Date of Offense |
|---|---|---|---|---|
| [1] | [A.C.A. § __] | [e.g., Residential Burglary] | [e.g., Class B Felony] | [DATE] |
| [2] | [A.C.A. § __] | [ ] | [ ] | [ ] |
[// GUIDANCE: Add or delete rows as required.]
3.2 Defendant’s Plea
(a) Plea Entry. The Defendant shall enter a plea of [GUILTY / NO CONTEST] to Count(s) [ ] before the Court at the plea hearing scheduled for [DATE/TIME], or on such other date set by the Court.
(b) Dismissal of Remaining Counts. Upon the Court’s acceptance of the plea and the imposition of the Sentence, the Prosecuting Attorney shall move to dismiss any Charges not listed in Section 3.2(a).
3.3 Factual Basis
The Defendant agrees that a sufficient factual basis exists to support the plea, and stipulates that the State could prove the following facts beyond a reasonable doubt:
• [FACT 1]
• [FACT 2]
• [FACT 3]
3.4 Sentencing Agreement
(a) Guideline Scoring. The Parties agree to a [BASE OFFENSE LEVEL] and a Criminal History Score of [ ], yielding a presumptive sentence range of [ ] months under the Guidelines.
(b) Sentencing Recommendation. Subject to Court approval, the Parties jointly recommend:
- Imprisonment: [ ] months in the Arkansas Department of Corrections, with [ ] months suspended and subject to supervised probation.
- Probation: [ ] months under standard and special conditions set forth in Exhibit A.
- Restitution: $[ ], payable to [VICTIM NAME] within [ ] months of release.
- Fines/Fees: Statutory court costs, DNA fee (if applicable), and a fine of $[ ].
(c) Binding vs. Non-Binding. This Agreement is [☐ binding under Ark. R. Crim. P. §____ / ☐ non-binding subject to Court’s discretion].
(d) Adjustment Authority. The Court may depart from the recommendation only as allowed by Arkansas law. If the Court announces an intention to impose a Sentence greater than the recommendation, the Defendant may withdraw the plea.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations
(a) Competence: The Defendant is mentally competent and knowingly, voluntarily, and intelligently enters this Agreement.
(b) Counsel: The Defendant is represented by [DEFENSE COUNSEL NAME], with whom the Defendant has fully discussed the Charges, potential defenses, and the consequences of this plea.
(c) No Threats: No promises, threats, or coercion outside this written Agreement have been made to induce the plea.
4.2 Prosecuting Attorney’s Representations
(a) Full Disclosure: The Prosecuting Attorney has disclosed any material exculpatory evidence known to the State.
(b) Authority: The Prosecuting Attorney is duly authorized to bind the State to this Agreement.
4.3 Survival. The representations and warranties survive acceptance of the plea and imposition of the Sentence.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Covenants
(a) Law-Abiding Conduct. The Defendant shall commit no further criminal violations.
(b) Court Appearance. The Defendant shall appear at all scheduled court hearings.
(c) Probation Compliance. The Defendant shall comply with all probation conditions, treatment mandates, and restitution obligations.
5.2 State’s Covenants
The State shall (i) honor the sentencing recommendation in Section 3.4, and (ii) move for dismissal of Counts as provided in Section 3.2(b).
6. DEFAULT & REMEDIES
6.1 Breach by Defendant
(a) Material Breach defined. Any of the following constitutes a material breach:
1. Failure to appear for plea or sentencing;
2. Commission of a new criminal offense before sentencing;
3. Providing materially false information to the Court or Probation Office.
(b) Remedies upon Breach. Upon Defendant’s breach, the State may:
1. Declare this Agreement void;
2. Reinstate all dismissed Charges;
3. Introduce the Defendant’s admissions herein as evidence.
6.2 Breach by State
If the Prosecuting Attorney materially defaults on the obligations herein, the Defendant may seek specific performance or withdrawal of the plea.
6.3 Notice & Cure
The non-breaching Party shall provide written notice of breach. If the breach is capable of cure, the breaching Party shall have [ ] days to cure before remedies attach.
7. RISK ALLOCATION
7.1 Liability Cap
The Parties acknowledge that the Defendant’s criminal liability is limited to the Sentence imposed by the Court pursuant to this Agreement.
7.2 No Indemnification
This Agreement creates no civil indemnification obligations.
7.3 Force Majeure
Force majeure concepts are inapplicable; sentencing dates are fixed unless continued by Court order.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the substantive and procedural criminal law of the State of Arkansas.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Circuit Court of [COUNTY] County, Arkansas.
8.3 Arbitration
Arbitration is unavailable in criminal matters; disputes are resolved by the Court.
8.4 Waiver of Jury Trial
By entering this plea, the Defendant knowingly waives the right to a jury trial.
8.5 Appeal Waiver
Except as to (i) an illegal or beyond-the-recommendation sentence, (ii) prosecutorial misconduct, or (iii) ineffective assistance of counsel, the Defendant knowingly and voluntarily waives the right to direct appeal and post-conviction relief.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Agreement constitutes the entire agreement of the Parties and supersedes all prior or contemporaneous oral or written negotiations.
9.2 Amendments
No amendment is effective unless in a writing signed by both Parties and approved by the Court.
9.3 Severability
If any provision is held unenforceable, the remaining provisions remain in full force, provided the essential terms still effectuate the Parties’ intent.
9.4 Assignment
Neither Party may assign rights or obligations under this Agreement.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each constituting an original. Signatures transmitted by electronic means have the same force as originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first written above.
DEFENDANT
[DEFENDANT NAME]
Date: ____
DEFENSE COUNSEL
[ATTORNEY NAME], Bar No. [ ]
Counsel for Defendant
Date: ____
PROSECUTING ATTORNEY
[PROSECUTOR NAME], Bar No. [ ]
Prosecuting Attorney, [] Judicial District
Date: _______
COURT ACKNOWLEDGMENT
[// GUIDANCE: Some Arkansas circuits require the Court’s written approval of plea agreements. Insert the following signature block if local practice or judge requests.]
☐ Approved ☐ Disapproved
Judge [NAME]
[Circuit] Court, [COUNTY] County, Arkansas
Date: ____
NOTARY / WITNESS ACKNOWLEDGMENT
[// GUIDANCE: Arkansas law does not uniformly mandate notarization for plea agreements, but local practice may. Add if required.]
Prepared by: [LAW FIRM NAME / ATTORNEY NAME]
[// GUIDANCE: Review local Administrative Orders and any standing orders of the Circuit Judge for additional mandatory disclosures or forms (e.g., Firearm Prohibition Acknowledgment, Sex-Offender Registration forms).]