State Plea Agreement - California

PLEA AGREEMENT

SUPERIOR COURT OF CALIFORNIA, COUNTY OF [COUNTY]

Case No.: [________________________________]

This attorney-use template is principally structured for a negotiated felony plea under Penal Code section 1192.5. Use the current Judicial Council CR-101 form and any mandatory local addendum when required. Misdemeanor, infraction, capital, and offense-specific pleas may require different forms and procedures.

1. PARTIES AND CHARGING DOCUMENT

This Plea Agreement is between:

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

The operative charging document is the [complaint / information / indictment] filed on [DATE].

2. PLEA, CHARGES, AND ADMISSIONS

2.1 Plea

Defendant agrees to plead [GUILTY / NO CONTEST] and make only the admissions expressly listed below:

2.2 Prior Convictions, Enhancements, Allegations, and Aggravating Circumstances

Under Penal Code section 1170(b), when a statute specifies three possible prison terms, a sentence above the middle term generally requires aggravating facts stipulated to by Defendant or found true beyond a reasonable doubt, subject to the statute's treatment of certified prior convictions and other applicable law. Do not imply an admission that is not expressly identified above.

2.3 No Contest Plea

Penal Code section 1016 requires Court approval of a no contest plea. Defendant must understand that the Court will find Defendant guilty. For a crime punishable as a felony, the legal effect is the same as a guilty plea for all purposes. For an offense not punishable as a felony, the plea and admissions made during the Court's voluntariness or factual-basis inquiry may not be used as an admission in a civil suit arising from the act.

3. CHARGE BARGAIN

Subject to plea acceptance and the stated timing below, the People agree to:

☐ Dismiss the following count(s) after sentencing: [________________________________].

☐ Dismiss or strike the following enhancement(s) or allegation(s): [________________________________].

☐ Amend the charging document as follows: [________________________________].

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

☐ Other lawful charge disposition: [________________________________].

The disposition of each count and allegation must be stated expressly. This Agreement does not create an automatic dismissal “with prejudice” or authorize a disposition prohibited by law.

4. SENTENCING AGREEMENT

4.1 Aggregate Exposure

Complete from the charged offense, all admitted allegations, Penal Code section 1170, and every applicable offense-specific sentencing statute.

4.2 Negotiated Disposition

Select and complete every applicable term:

☐ Stipulated term: [________________________________].

☐ Sentencing range: not less than [________________________________] and not more than [________________________________].

☐ Open plea: no sentencing promise other than the lawful limits and the charge bargain stated in this Agreement.

☐ People's recommendation: [________________________________].

☐ Defendant may argue: [________________________________].

☐ Probation: [eligible / ineligible / eligibility disputed]; proposed term and conditions: [________________________________].

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

☐ Other lawful term: [________________________________].

This Agreement does not alter a statutory minimum, maximum, probation restriction, registration duty, or mandatory consequence.

4.3 Custody Credit

Penal Code section 2900.5 requires the sentencing Court to determine qualifying presentence custody credit attributable to the same conduct. Any conduct or worktime credit must be calculated under the statutes applicable to the offense and custody period.

5. RESTITUTION, FINES, AND FINANCIAL TERMS

Penal Code section 1202.4 requires a restitution fine unless the Court finds and states compelling and extraordinary reasons, and requires full victim restitution when a victim suffered economic loss. If the loss amount is not known at sentencing, the order may reserve the amount for later determination. Defendant has the right to a hearing before a judge to dispute the amount.

☐ Direct restitution remains open for a later hearing or determination.

☐ The parties stipulate to direct restitution of $[________], subject to the Court's lawful authority and victim-restoration requirements.

6. DEFENDANT'S RIGHTS AND UNDERSTANDINGS

Defendant understands that the Court must determine that the plea and waivers are knowing, intelligent, and voluntary. This writing supplements and does not replace the Court's oral examination or the current CR-101 form.

Defendant understands and gives up, as applicable to the plea and express admissions:

1. The right to a speedy and public jury trial.
2. The presumption of innocence and the requirement of proof beyond a reasonable doubt.
3. The right to confront and cross-examine witnesses.
4. The right to remain silent and not incriminate oneself.
5. The right to subpoena witnesses, produce evidence, testify, and present a defense.
6. The statutory preliminary-hearing rights identified on the applicable plea form, if waived.
7. The right to a trial on any expressly admitted prior conviction, enhancement, allegation, or aggravating circumstance.

Defendant has discussed with counsel the charges, elements, possible defenses, sentencing exposure, collateral consequences, and each provision initialed or selected in this Agreement.

7. IMMIGRATION ADVISEMENT

For every guilty or no contest plea to a California crime other than an infraction, Penal Code section 1016.5(a), as amended effective January 1, 2026, requires the Court to give this advisement verbatim on the record before accepting the plea:

If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States.

☐ The Court gave the required advisement verbatim on the record.

☐ Defendant requested additional time to consider the plea in light of the advisement.

This written paragraph does not replace the Court's on-record duty. Counsel must separately provide case-specific immigration advice.

8. FACTUAL BASIS AND VOLUNTARINESS

For a covered felony bargain under Penal Code section 1192.5, the Court must inquire to satisfy itself that the plea is freely and voluntarily made and that a factual basis exists.

Select the proposed source(s) of the factual basis:

☐ Defendant admits the following facts establishing every element of each plea offense and express admission: [________________________________].

☐ Preliminary-hearing transcript.

☐ Police report identified as: [________________________________].

☐ Probation report.

☐ Other document made part of the record: [________________________________].

☐ Counsel stipulation and record reference: [________________________________].

The Court retains the duty to determine whether the factual basis is sufficient. No provision waives that duty.

Defendant states that the plea is free and voluntary and is not the product of force, threats, or promises outside this writing.

9. COURT APPROVAL AND WITHDRAWAL

9.1 Approval Under Penal Code Section 1192.5

For a covered felony plea accepted by the prosecutor in open court and approved by the Court, Defendant cannot receive a punishment more severe than the plea specifies, and the Court may not proceed on the plea other than as specified, subject to section 1192.5.

Before the plea, the Court must inform Defendant that its approval is not binding and may be withdrawn after further consideration at the probation or sentencing hearing. If the Court withdraws approval, Defendant must be permitted to withdraw the plea if Defendant wishes.

9.2 Plea Not Accepted

If a section 1192.5 plea is not accepted by the prosecutor and approved by the Court, it is deemed withdrawn. A plea withdrawn or deemed withdrawn under that section may not be received in evidence in a criminal, civil, special, or administrative proceeding.

9.3 Other Withdrawal Request

Penal Code section 1018 governs a Defendant's application to withdraw a guilty plea before judgment or within six months after an order granting probation when entry of judgment is suspended. The Court determines whether good cause is shown; this Agreement does not create a private automatic cure or withdrawal rule.

10. APPEAL AND POST-CONVICTION REVIEW

This Agreement does not impose a blanket appeal or collateral-review waiver.

Under Penal Code section 1237.5 and California Rules of Court, rule 8.304(b):

• An appeal challenging the validity of a guilty or no contest plea generally requires the sworn written statement and a certificate of probable cause.
• No certificate is required for an appeal from denial of a Penal Code section 1538.5 suppression motion, a sentence or other post-plea matter that does not affect plea validity, or another appealable order for which law does not require a certificate.
• Without the required statement or certificate, the appeal is limited to issues that do not require a certificate.

Any separately negotiated appellate waiver must be drafted and reviewed for the particular case and is not supplied by this template.

11. APPEARANCE, SURRENDER, AND ALLEGED BREACH

11.1 Appearance and Surrender

☐ Defendant must appear for sentencing on [DATE/TIME] and surrender as ordered.

☐ The parties request the following express failure-to-appear term, modeled on current CR-101 and subject to the Court's knowing acceptance: if Defendant fails to appear for surrender or sentencing without a legal excuse, the plea will become open to the Court, Defendant will not be allowed to withdraw it on that basis, and the Court may impose up to the lawful aggregate maximum stated in Section 4.1.

☐ No negotiated failure-to-appear consequence is included.

11.2 No Generic Default Remedies

No generic ten-day cure period, prevailing-party attorney-fee clause, unilateral “void ab initio” remedy, or automatic admissibility rule applies. A party alleging failure of a material presentence condition must request a Court determination of the facts and the relief permitted by the plea, section 1192.5, and other applicable law.

A later probation, mandatory-supervision, parole, or postrelease-supervision violation is governed by the applicable judgment, statutes, and revocation procedures; it does not automatically rescind this plea agreement.

12. COMPLETE AGREEMENT AND OFFENSE-SPECIFIC WARNINGS

This writing, CR-101, and every attachment expressly incorporated on the record contain the complete plea agreement. No unstated promise or inducement is part of the plea.

Any change must be stated on the record and documented in the manner the Court requires.

Counsel must complete every offense-specific advisement, registration consequence, firearm or body-armor consequence, supervision consequence, and mandatory warning required by the current CR-101, statute, or local form. A blank or omitted item is not a waiver of a mandatory consequence.

13. SIGNATURES

DEFENDANT

I have read this Agreement, or it has been read to me. I have discussed it with counsel, understand the selected terms and waivers, and offer my plea freely and voluntarily.

________________________________________
[DEFENDANT FULL LEGAL NAME]
Date: ______________________

DEFENSE COUNSEL

I have reviewed the charges, elements, defenses, sentencing exposure, immigration and other consequences, rights, waivers, and complete agreement with Defendant. I concur in the plea and identify the factual-basis source in Section 8.

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

PROSECUTOR

The People [agree / do not agree] to the terms and indicated disposition stated in this writing and its incorporated attachments.

________________________________________
[PROSECUTOR NAME]
[PROSECUTING AGENCY]
Date: ______________________

14. COURT FINDINGS AND ACTION

After reviewing this Agreement and the applicable plea form and orally examining Defendant, the Court finds and orders:

☐ Defendant understands the charges, admissions, consequences, and rights waived.

☐ The plea, admissions, and waivers are knowing, intelligent, free, and voluntary.

☐ A sufficient factual basis exists.

☐ The plea and agreement are approved and accepted.

☐ Approval is withdrawn under Penal Code section 1192.5, and Defendant elects to [withdraw / not withdraw] the plea after advisement.

☐ The plea is not accepted for the following reason: [________________________________].

________________________________________
JUDICIAL OFFICER
Date: ______________________

SOURCES AND REFERENCES

• California Legislature, Penal Code § 1016 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1016.&lawCode=PEN
• California Legislature, Penal Code § 1016.2 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1016.2&lawCode=PEN
• California Legislature, Penal Code § 1016.3 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1016.3&lawCode=PEN
• California Legislature, Penal Code § 1016.5 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1016.5&lawCode=PEN
• California Legislature, Penal Code § 1018 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1018.&lawCode=PEN
• California Legislature, Penal Code § 1192.5 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1192.5&lawCode=PEN
• California Legislature, Penal Code § 1170 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1170.&lawCode=PEN
• California Legislature, Penal Code § 1202.4 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1202.4&lawCode=PEN
• California Legislature, Penal Code § 1203.1 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1203.1&lawCode=PEN
• California Legislature, Penal Code § 1237.5 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1237.5&lawCode=PEN
• California Legislature, Penal Code § 2900.5 — https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=2900.5&lawCode=PEN
• Judicial Branch of California, California Rules of Court, rule 8.304 — https://courts.ca.gov/cms/rules/index/eight/rule8_304
• Judicial Council of California, CR-101, Plea Form, With Explanations and Waiver of Rights—Felony (rev. July 1, 2026) — https://courts.ca.gov/documents/cr101.pdf

Prepared by: [LAW FIRM / ATTORNEY]