State Plea Agreement - Arkansas

**STATE OF ARKANSAS

PLEA AND SENTENCING AGREEMENT
(Template – For Attorney Customization)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
   3.1 Charges Subject to Plea
   3.2 Defendant’s Plea
   3.3 Factual Basis

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. 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 a negotiated plea in accordance with Arkansas law, the Arkansas Rules of Criminal Procedure, and the voluntary Arkansas Sentencing Standards (the “Standards”).
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].

“Standards” – The voluntary Arkansas Sentencing Standards, including the current grid, offense-seriousness rankings, criminal-history scoring rules, policy statements, and related material published by the Arkansas Sentencing Commission.

“Parties” – Collectively, the Prosecuting Attorney and the Defendant.

“Sentence” – The disposition set forth in Section 3.4, incorporating any term of imprisonment, suspended imposition of sentence, probation, fines, restitution, fees, assessments, or other lawful conditions.

3. OPERATIVE PROVISIONS

3.1 Charges Subject to Plea

The Defendant is presently charged with:

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

Under Ark. R. Crim. P. 24.6, the Court must make the inquiry required to establish a factual basis for the plea. Defendant agrees that a sufficient factual basis exists 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) Standards Scoring. The Arkansas Sentencing Standards are voluntary. For an offense covered by the current Standards, the Parties shall identify the offense seriousness level and offender criminal-history score under Ark. Code Ann. § 16-90-803 and the current Arkansas Sentencing Commission materials.

(b) Sentencing Recommendation. Subject to Court approval, the Parties jointly recommend:

1. Imprisonment: [___] months in the Arkansas Division of Correction, with [___] months suspended as lawfully structured.
2. Probation: [___] months under standard and special conditions set forth in Exhibit A.
3. Restitution: $[___], payable to [VICTIM NAME] within [___] months of release.
4. Fines/Fees: Statutory court costs, DNA fee (if applicable), and a fine of $[___].

(c) Court-Concurrence Route Under Rule 25.3. Select and complete one:

☐ The Parties request the Court's concurrence in the contemplated charge and/or sentence concessions before entry of the plea.

☐ The Parties do not request advance concurrence; Defendant understands that the recommendation is not binding on the Court and that a decision not to follow a recommendation does not itself create a right to withdraw the plea.

(d) Change After Indicated Concurrence. If the Court indicates concurrence but, before sentencing, decides that the contemplated disposition should not be included in the judgment, Rule 25.3 requires the Court to advise Defendant and call on Defendant to affirm or withdraw the plea. Other plea-withdrawal requests are governed by Rule 26.1.

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 authorized to present the negotiated terms to the Court, subject to the Court's responsibilities under Rule 25.3.

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 Alleged Breach by Defendant

(a) The agreement may identify the following case-specific events as an alleged material breach: [________________________________].

(b) No consequence is automatic. After notice and an opportunity to be heard, the State may request only relief authorized by the Agreement and Arkansas law. The admissibility of plea discussions, statements, or a withdrawn plea is governed by Ark. R. Crim. P. 25.4 and other applicable evidence law.

6.2 Breach by State
If the Prosecuting Attorney materially defaults on the obligations herein, Defendant may request specific performance, withdrawal of the plea, or other relief recognized by Arkansas law, subject to Court determination.

6.3 Notice & Cure
The party alleging breach shall provide notice to the other party and request a hearing or other procedure directed by the Court. Any cure period must be stated expressly here or ordered by the Court: [________________________________].

7. RISK ALLOCATION

7.1 Liability Cap
Defendant's criminal exposure is governed by the offense statutes, enhancements, and lawful sentencing provisions identified in Section 3.4; this Agreement does not alter a statutory minimum or maximum.

7.2 No Indemnification
This Agreement creates no civil indemnification obligations.

7.3 Force Majeure
Hearing dates may be continued only by Court order or as otherwise authorized by law.

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
Ark. R. App. P.-Crim. 1(a) generally bars an appeal from a guilty or nolo contendere plea except as provided by Ark. R. Crim. P. 24.3(b). Any conditional plea must be in writing, reserve the specified issue permitted by Rule 24.3(b), and obtain the required prosecutorial consent and Court approval. This template does not impose a blanket waiver of Rule 37 post-conviction relief or federal collateral remedies.

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 Signatures and Filing
The Agreement shall be signed and filed in the manner accepted by the Court. Electronic signatures may be used only when permitted by current Arkansas court rules, administrative orders, and filing procedures.

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 INDICATION UNDER RULE 25.3

☐ Concur in contemplated disposition ☐ Do not concur ☐ Defer indication / decision

_________________________________________
Judge [NAME]
[Circuit] Court, [COUNTY] County, Arkansas
Date: ______________________

SOURCES AND REFERENCES

• Arkansas Judiciary, Arkansas Rules of Criminal Procedure (current compilation) — https://norma-us.lexum.com/ark/cr/en/item/1879/index.do
• Arkansas Judiciary, Arkansas Rules of Appellate Procedure—Criminal (current compilation) — https://norma-us.lexum.com/ark/cr/en/item/1884/index.do
• Arkansas Sentencing Commission, 2026 Sentencing Standards Grid, Offense Seriousness Rankings, and Related Material — https://media.ark.org/doc/2026-Sentencing-Benchbook-Final.pdf
• Arkansas Sentencing Commission, Grids and Rankings — https://doc.arkansas.gov/sentencing-commission/grids-rankings/

Prepared by: [LAW FIRM NAME / ATTORNEY NAME]