STATE OF ARIZONA
SUPERIOR COURT, [COUNTY]
PLEA AGREEMENT
(This template is drafted for use in Arizona state criminal prosecutions. It is intentionally comprehensive and includes optional sections that counsel may tailor or strike to fit the particular facts, charge(s), and sentencing posture.)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block & Court Acceptance
1. DOCUMENT HEADER
1.1 Parties.
This Plea Agreement (the “Agreement”) is entered into by and among:
a. The State of Arizona, by and through the [County] County Attorney’s Office (“Prosecution”); and
b. [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”), represented by [DEFENSE COUNSEL NAME], Bar No. [__] (“Defense Counsel”).
1.2 Effective Date.
The Agreement becomes effective on the date it is accepted by the Court at the change-of-plea hearing (the “Effective Date”).
1.3 Jurisdiction.
All proceedings arising from or relating to this Agreement shall be conducted exclusively in the Superior Court of Arizona, [County] County (the “Court”).
1.4 Recitals.
a. Defendant has been charged under Case No. [__] with the offenses listed in Section 3.1.
b. The parties wish to resolve the matter without trial, pursuant to Arizona law and the Arizona Rules of Criminal Procedure, through the entry of the pleas set forth herein.
c. In consideration of the mutual promises and obligations contained in this Agreement, and subject to Court approval, the parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms shall have the meanings assigned below:
“Agreed Sentence” – The sentencing range, terms, and conditions described in Section 3.4.
“Applicable Law” – The Arizona Revised Statutes, the Arizona Rules of Criminal Procedure, and any constitutional provisions governing criminal proceedings in Arizona.
“Charge(s)” – The criminal count(s) identified in Section 3.1.
“Cooperation Obligations” – Defendant’s duties under Section 5.1.
“Court” – The Superior Court of Arizona in and for [County] County.
“Defendant” – [DEFENDANT FULL LEGAL NAME].
“Prosecution” – The State of Arizona, by and through the [County] County Attorney.
[// GUIDANCE: Add any additional defined terms your matter requires; keep the list alphabetical.]
3. OPERATIVE PROVISIONS
3.1 Plea to Specific Charge(s).
Subject to Court acceptance, Defendant will:
a. Enter a plea of [Guilty / No Contest] to Count [#], [Title & ARS §] (Class [Felony/Misdemeanor] ___).
b. [OPTIONAL] Defendant will also plead [Guilty / No Contest] to Count [#], [Title & ARS §].
c. All remaining counts, if any, shall be dismissed with prejudice upon sentencing.
[// GUIDANCE: List each count separately; mirror the language used in the charging document.]
3.2 Factual Basis.
Defendant stipulates that a factual basis exists for each plea, and expressly waives separate establishment of that factual basis by the Prosecution.
3.3 Consideration.
In exchange for Defendant’s pleas and full performance of this Agreement:
a. The Prosecution agrees to make the sentencing recommendations set forth in Section 3.4 and to dismiss the counts identified in Section 3.1(c).
b. Defendant agrees to satisfy all Cooperation Obligations and to waive the rights enumerated in Section 4.2.
3.4 Sentencing Parameters (“Agreed Sentence”).
a. Presumptive Term: [___] years.
b. Minimum Term: [___] years; Maximum Term: [___] years.
c. Probation Eligibility: [Eligible / Ineligible] under ARS § 13-901 et seq.
d. Monetary Assessments:
i. Fine: $[_];
ii. Surcharge: $[];
iii. Restitution (victim(s) & amounts): $[__].
e. Special Conditions: [e.g., community supervision, treatment programs, forfeiture, etc.]
[// GUIDANCE: Confirm ranges against the Arizona sentencing charts for the specific offense class; include enhancements or reductions where applicable.]
3.5 Conditions Precedent.
This Agreement is contingent upon:
a. Court finding that Defendant’s pleas are knowing, voluntary, and supported by an adequate factual basis;
b. Defendant’s continuing compliance with all bond or release conditions through the date of sentencing; and
c. Defendant’s truthful completion of all Cooperation Obligations.
4. REPRESENTATIONS & WARRANTIES
4.1 By Defendant.
Defendant represents, warrants, and certifies that:
a. Competence: Defendant is mentally competent and not under the influence of any impairing substance.
b. Voluntariness: Defendant enters the pleas freely and voluntarily, without coercion or promises other than those contained in this Agreement.
c. Counsel: Defendant has had adequate opportunity to consult with Defense Counsel, who has explained the rights being waived.
d. Immigration Consequences: Defendant understands that convictions may carry immigration consequences, including removal, denial of naturalization, or exclusion from the United States.
e. Assets: Defendant will make complete and truthful disclosure of all assets subject to restitution or forfeiture.
4.2 Rights Waived by Defendant.
Upon Court acceptance of the pleas, Defendant knowingly and voluntarily waives:
a. The right to a jury or bench trial;
b. The right to confront and cross-examine witnesses;
c. The right to compel testimony or evidence;
d. The privilege against self-incrimination as to the charges pled;
e. The right to file direct appeals of conviction and sentence, except as to:
i. Jurisdictional defects;
ii. Sentencing in excess of the Agreed Sentence;
iii. Ineffective assistance of counsel; or
iv. Other grounds not validly waivable under Applicable Law.
[// GUIDANCE: Arizona permits waiver of most direct appeals in a plea agreement; retain limited exceptions.]
4.3 By Prosecution.
The Prosecution represents that:
a. Charging Decision: The charges and sentencing positions are consistent with applicable charging standards and office policies.
b. No Additional Promises: No promises, inducements, or representations have been made to Defendant other than those contained herein.
4.4 Survival.
The representations and warranties in this Section shall survive the Effective Date and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation Obligations (Affirmative Covenants).
Defendant shall:
a. Appear at all Court proceedings as ordered;
b. Provide truthful testimony or statements in any related investigation or proceeding upon lawful request;
c. Pay all financial assessments in accordance with a schedule to be set by the Court or probation;
d. Refrain from contacting any victim except as permitted by the Court.
5.2 Negative Covenants.
Defendant shall not commit any federal, state, or local offense between the Effective Date and completion of the sentence.
5.3 Monitoring & Reporting.
Defendant must immediately notify Defense Counsel of any violation or potential violation of these covenants so Counsel may alert the Court as required.
6. DEFAULT & REMEDIES
6.1 Events of Default.
The following constitute a default (“Default”):
a. Defendant’s material breach of any Cooperation Obligation;
b. Commission of a new criminal offense prior to sentencing;
c. Providing materially false information to the Court or Prosecution.
6.2 Notice & Opportunity to Cure.
Upon alleged Default, Prosecution shall provide written notice to Defense Counsel. Defendant shall have 10 calendar days to cure, if the breach is curable, unless the Court orders otherwise.
6.3 Prosecution Remedies.
If Default is established and not cured:
a. The Prosecution may withdraw from this Agreement and reinstate any dismissed or amended charges;
b. Any statements made by Defendant in furtherance of this Agreement become admissible in subsequent proceedings;
c. The Prosecution may advocate for any lawful sentence, up to the statutory maximum.
6.4 Attorney Fees & Costs.
Should litigation be required to enforce this Agreement, the prevailing party may seek reasonable attorney fees and costs, unless prohibited by Applicable Law.
7. RISK ALLOCATION
7.1 Indemnification.
Not applicable.
7.2 Limitation of Liability.
The parties acknowledge that Defendant’s maximum criminal exposure is limited to the statutory maximum for the pled offenses. The Agreed Sentence in Section 3.4 constitutes the parties’ negotiated cap on liability, subject to Section 6 in the event of Default.
7.3 Force Majeure.
Not applicable to criminal sentencing obligations.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement is governed exclusively by the laws of the State of Arizona applicable to criminal proceedings.
8.2 Forum Selection.
Any dispute shall be resolved solely by the Court, which retains continuing jurisdiction to enforce this Agreement.
8.3 Arbitration.
Arbitration is not available for criminal matters; any controversy shall be resolved by the Court.
8.4 Jury Waiver.
Defendant’s plea constitutes a full waiver of the right to trial by jury on the pled charges.
8.5 Injunctive Relief.
Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement.
This document embodies the entire agreement between the parties. No other promises or agreements shall be binding unless in writing and signed by all parties and the Court.
9.2 Amendments & Waivers.
Any modification must be in a writing signed by the Prosecution, Defendant, and Defense Counsel, and approved by the Court. The failure to enforce any provision shall not constitute a waiver of future enforcement.
9.3 Assignment.
This Agreement is personal to Defendant and may not be assigned.
9.4 Severability.
If any provision is held unenforceable, the remainder shall remain in effect, provided that the material intent of the parties can still be effectuated.
9.5 Counterparts & Electronic Signatures.
This Agreement may be executed in counterparts, including by electronic or facsimile signature, each of which shall be deemed an original and together constitute one instrument.
10. EXECUTION BLOCK & COURT ACCEPTANCE
Executed on the dates indicated below.
10.1 Defendant
[DEFENDANT FULL LEGAL NAME]
Date: _____
I have read this Agreement, discussed it with my attorney, and fully understand and accept its terms.
10.2 Defense Counsel
[DEFENSE COUNSEL NAME], Attorney for Defendant
Date: _____
I certify that I have fully advised Defendant of the rights being waived and believe Defendant’s plea and waiver of rights are knowing and voluntary.
10.3 Prosecution
[ASSISTANT COUNTY ATTORNEY NAME], on behalf of the State of Arizona
Date: _____
10.4 Court Acceptance
Based upon the representations of the parties, the Court finds that the plea is knowing, voluntary, and supported by a factual basis. The Court hereby ACCEPTS the Agreement and enters judgment in accordance with its terms.
JUDGE OF THE SUPERIOR COURT
Date: _____
[// GUIDANCE: Attach any necessary restitution schedules, forfeiture addenda, or disclosure forms (e.g., sex-offender terms) as exhibits to this Agreement. Counsel should delete inapplicable sections (e.g., attorney-fees clause) if local practice disfavors them.]