State Plea Agreement - Arizona

STATE OF ARIZONA

[SUPERIOR / JUSTICE / MUNICIPAL] COURT, [COUNTY / PRECINCT / CITY]

PLEA AGREEMENT

Case No.: [________________________________]

This template must be conformed to the current local plea form, the charged offense, any enhancement allegations, and the court's filing procedures. It is not a substitute for the court's Rule 17 colloquy.

1. PARTIES AND CASE

This Plea Agreement is entered into by:

• The State of Arizona, through [PROSECUTOR NAME AND OFFICE] (the “State”); and
• [DEFENDANT FULL LEGAL NAME] (the “Defendant”), represented by [DEFENSE COUNSEL NAME].

The pending charging document is the [complaint / information / indictment] filed on [DATE] in this case.

Under Ariz. R. Crim. P. 17.4(b), the terms must be in writing, signed by Defendant, defense counsel if any, and the prosecutor, and filed with the Court. Any party may withdraw before the Court accepts the agreement.

2. CHARGES AND PLEA

2.1 Plea Charge

Defendant agrees to plead [GUILTY / NO CONTEST] as follows:

If the plea is no contest, the parties acknowledge that Ariz. R. Crim. P. 17.1(c) permits acceptance only after the Court considers the parties' views and the public interest in the effective administration of justice.

2.2 Amendments and Dismissals

Subject to the Court's acceptance of the plea and the case-specific terms below, the State agrees to:

☐ Amend Count [____] from [________________________________] to [________________________________].

☐ Dismiss the following identified count(s) or allegation(s): [________________________________].

☐ Refrain from filing the following identified charge(s): [________________________________].

☐ Other charge disposition: [________________________________].

No count is dismissed “with prejudice” unless the prosecutor expressly agrees and Arizona law authorizes that disposition. If a plea is withdrawn under Rule 17.5, the charges are automatically reinstated as they existed before the plea agreement.

3. FACTUAL BASIS

Ariz. R. Crim. P. 17.3(b) requires the Court to find a factual basis for every guilty or no contest plea. Defendant does not waive the Court's duty to make that finding. The Court may consider Defendant's statements, police reports, certified grand-jury transcripts, or other satisfactory information.

The parties identify the following proposed factual basis, subject to the Court's independent determination:

1. [DATE, PLACE, AND CONDUCT]
2. [FACTS ESTABLISHING EACH ELEMENT]
3. [FACTS SUPPORTING ANY DANGEROUS, REPETITIVE, OR OTHER SENTENCING ALLEGATION]

4. SENTENCING TERMS

4.1 Statutory Exposure

Counsel must complete this section from the offense-specific statute and all applicable sentencing provisions. A.R.S. § 13-702 supplies ranges for a first felony offense unless a specific sentence is otherwise provided and treats dangerous offenses differently; counsel must identify every other statute applicable to the charged offense and Defendant's history.

This Agreement does not change a statutory minimum, maximum, enhancement, or eligibility rule.

4.2 Negotiated Disposition

Select and complete every applicable term:

☐ Stipulated sentence: [________________________________].

☐ Sentencing range: not less than [____] and not more than [____] [days / months / years].

☐ State recommendation: [________________________________].

☐ Defendant may argue: [________________________________].

☐ Open sentencing within lawful limits.

☐ Probation: [eligible / ineligible / disputed] under A.R.S. § 13-901 and the offense-specific statutes; requested term and conditions: [________________________________].

☐ Community supervision or other post-release term: [________________________________].

☐ Fine, surcharge, fee, or assessment: [________________________________].

☐ Forfeiture: [________________________________].

☐ Other lawful sentencing term: [________________________________].

4.3 Restitution

A.R.S. § 13-603(C) requires restitution in the full amount of economic loss suffered by a victim, as determined by the Court, and A.R.S. § 13-804 governs the amount and manner of payment.

☐ Restitution is stipulated at $[________________] payable to [________________________________].

☐ Restitution is capped by agreement at $[________________], if legally permitted and approved by the Court.

☐ The amount remains open for determination by the Court after notice and an opportunity to be heard.

☐ The parties state that no victim economic loss is presently claimed, subject to the Court's lawful determination.

5. DEFENDANT'S UNDERSTANDINGS AND WAIVERS

Defendant acknowledges that the Court must personally provide the advisements and make the findings required by Rules 17.1 through 17.4. This written section supplements but does not replace the colloquy.

Defendant understands:

1. The nature of each charge to which the plea will be entered.
2. The lawful sentencing range and any special statutory sentencing conditions.
3. The right to plead not guilty and require the State to prove guilt beyond a reasonable doubt.
4. The right to counsel.
5. The right to a jury trial or, when lawfully available, a court trial.
6. The right to confront and cross-examine witnesses.
7. The right to compel witnesses and present evidence.
8. The privilege against self-incrimination and the right to remain silent.
9. The presumption of innocence.
10. The civil-rights, immigration, and other collateral-consequence advisements required by Ariz. R. Crim. P. 17.2.

By pleading guilty or no contest, Defendant waives the trial rights identified by the Court.

5.1 Review After a Noncapital Plea

Under Ariz. R. Crim. P. 17.1(e), Rule 17.2(a)(5), and A.R.S. § 13-4033(B), a defendant who pleads guilty or no contest in a noncapital case does not have a direct appeal from the judgment or sentence entered under the plea agreement. Review is available through a Rule 33 post-conviction proceeding in the trial court and, if relief is denied, a petition for review.

This Agreement does not waive claims or remedies beyond those consequences imposed by Arizona law and the plea itself.

6. ADDITIONAL CASE-SPECIFIC TERMS

6.1 Cooperation

☐ No cooperation term.

☐ Defendant agrees to the following specifically described cooperation: [________________________________].

Any cooperation term must state its scope, timing, truthfulness standard, use restrictions, and promised consideration. It must not create an automatic waiver of constitutional, evidentiary, or statutory protections.

6.2 Conduct and Appearance Before Sentencing

☐ Defendant must appear as ordered and comply with existing release conditions.

☐ The following additional negotiated condition applies before sentencing: [________________________________].

6.3 Alleged Failure of a Condition

No generic ten-day cure period or automatic remedy applies. If a party alleges failure of a negotiated condition, that party must request a Court determination under the Agreement and applicable Arizona law. The Court must decide any disputed facts and available relief after the procedure the Court finds legally appropriate.

The admissibility of a plea, plea discussions, or related statements is governed by Ariz. R. Crim. P. 17.4(f), Ariz. R. Evid. 410, and any other applicable law; this Agreement does not automatically make those statements admissible.

7. COURT ACCEPTANCE, REJECTION, AND WITHDRAWAL

7.1 Before Acceptance

Under Ariz. R. Crim. P. 17.4(b), any party may withdraw from this Agreement before the Court accepts it.

7.2 Court Review

Before acceptance, the Court must confirm that the writing contains all terms and that Defendant understands and agrees to them. The Court must also make the required Rule 17 findings and consider the victim's comments as required by Rule 17.4.

7.3 Sentencing Provisions

Under Ariz. R. Crim. P. 17.4(d), the Court is not bound by a plea provision concerning sentence or probation terms if, after accepting the agreement and reviewing the presentence report, the Court finds that provision inappropriate.

7.4 Rejection

If the Court rejects this Agreement or a provision, Rule 17.4(e) requires the Court to give Defendant an opportunity to withdraw the plea and to warn that, if the plea is not withdrawn, the disposition may be less favorable than the Agreement provided.

7.5 Later Withdrawal

After acceptance, withdrawal is not governed by a private contract cure clause. Under Rule 17.5, the Court may allow Defendant to withdraw a guilty or no contest plea when necessary to correct a manifest injustice.

8. COMPLETE AGREEMENT AND FILING

This writing and its incorporated attachments contain the parties' complete plea agreement. No unstated promise, threat, or inducement is part of the plea.

Any amendment must be written, signed by the required parties, filed, and presented to the Court before it is relied upon.

Signatures and filing must comply with current Court procedures. If the Court authorizes a remote plea, Rule 17.1(f)(3)(C) permits electronic submission of the plea agreement and other documents necessary for acceptance.

9. SIGNATURES

DEFENDANT

I have read this Agreement, or it has been read to me. I have discussed it with counsel, understand its terms, and enter the plea voluntarily. No promise, force, or threat outside this writing induced my plea.

________________________________________
[DEFENDANT FULL LEGAL NAME]
Date: ______________________

DEFENSE COUNSEL

I have reviewed the charges, available defenses, sentencing exposure, consequences, and this Agreement with Defendant. To the best of my professional judgment, Defendant's decision is knowing, intelligent, and voluntary.

________________________________________
[DEFENSE COUNSEL NAME], Bar No. [____]
Date: ______________________

PROSECUTOR

The State agrees to the written terms above and represents that no additional plea promise is being made outside this Agreement.

________________________________________
[PROSECUTOR NAME], Bar No. [____]
[OFFICE]
Date: ______________________

10. COURT ACTION

After conducting the required proceedings, the Court orders:

☐ The plea and Agreement are accepted.

☐ The Agreement or the following provision is rejected: [________________________________].

☐ Decision is deferred pending: [________________________________].

☐ Defendant elects to withdraw the plea after rejection.

☐ Defendant elects not to withdraw after the advisement required by Rule 17.4(e).

________________________________________
JUDGE / JUDICIAL OFFICER
Date: ______________________

SOURCES AND REFERENCES

• Arizona Supreme Court, current Arizona Rules of Criminal Procedure, Rule 17 — https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=NECD27B2070CB11DAA16E8D4AC7636430&transitionType=Default&contextData=(sc.Default)
• Arizona Supreme Court, Rule 33.1, Scope of Remedy — https://govt.westlaw.com/azrules/Document/N723233B0F0AA11E9AE7883349DB2718C?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
• Arizona Supreme Court, Form 18(a), Felony Plea Agreement—Non-Capital — https://govt.westlaw.com/azrules/Document/N60EDF5113FC811EDA9B7C84D98A5D123?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
• Arizona Supreme Court, Arizona Rule of Evidence 410 — https://govt.westlaw.com/azrules/Document/NAFD7E9F0E7D811E0B453835EEBAB0BCD?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
• Arizona Legislature, A.R.S. § 13-4033 — https://www.azleg.gov/ars/13/04033.htm
• Arizona Legislature, A.R.S. § 13-603 — https://www.azleg.gov/ars/13/00603.htm
• Arizona Legislature, A.R.S. § 13-702 — https://www.azleg.gov/ars/13/00702.htm
• Arizona Legislature, A.R.S. § 13-804 — https://www.azleg.gov/ars/13/00804.htm
• Arizona Legislature, A.R.S. § 13-901 — https://www.azleg.gov/ars/13/00901.htm
• Arizona Supreme Court, recent criminal-rule amendments — https://www.azcourts.gov/rules/Recent-Amendments/Rules-of-Criminal-Procedure

Prepared by: [LAW FIRM / ATTORNEY]