PLEA AGREEMENT
California Superior Court – Criminal Division
[// GUIDANCE: This template is drafted for use in California state criminal proceedings. All bracketed fields must be completed or revised to reflect the specific facts of the case before filing or submission to the Court.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties
This Plea Agreement (“Agreement”) is entered into by and between (i) the People of the State of California, by and through the [DISTRICT ATTORNEY / ATTORNEY GENERAL] of [COUNTY], acting by [NAME], Deputy District Attorney (“People”), and (ii) [DEFENDANT FULL LEGAL NAME], an individual (“Defendant”).
1.2 Recitals
A. The People have filed Criminal Case No. [CASE NUMBER] in the Superior Court of California, County of [COUNTY] (the “Court”), charging Defendant with:
1. Count 1: [COUNT 1 – STATUTORY DESCRIPTION], a violation of [PENAL CODE / HEALTH & SAFETY CODE § ___];
2. Count 2: [COUNT 2 – STATUTORY DESCRIPTION]; and
[ADD OR DELETE AS NECESSARY].
B. The Parties now desire to resolve the above‐captioned matter without trial in accordance with California Penal Code §§ 1016, 1016.5, and 1192.5.
C. In consideration of the mutual promises contained herein, the sufficiency of which is acknowledged, the Parties agree as follows.
Effective Date: This Agreement is effective upon the Court’s oral and written acceptance on the record (“Effective Date”).
2. DEFINITIONS
For purposes of this Agreement:
“Agreement” has the meaning set forth in the header above.
“Base Term” means the initial custodial term agreed to in § 3.4.
“Court” means the Superior Court of California, County of [COUNTY], Criminal Division.
“Defendant” means the individual identified in § 1.1.
“People” means the prosecuting authority identified in § 1.1.
“Plea” means Defendant’s plea of [“Guilty” / “No Contest (Nolo Contendere)”] under Cal. Penal Code § 1016.
“Probationary Term” means any term of probation or mandatory supervision imposed by the Court.
“Sentence” means the aggregate punishment, monetary assessments, restitution, and all other conditions imposed by the Court pursuant to § 3.4.
3. OPERATIVE PROVISIONS
3.1 Entry of Plea
(a) Defendant shall, at the change‐of‐plea hearing, enter a Plea to the following:
• [COUNT 1 DESCRIPTION];
[ADD/DROP COUNTS AS NEGOTIATED].
(b) Upon acceptance of the Plea, and conditioned on Defendant’s full performance, the People shall move to:
1. Dismiss remaining counts and allegations as listed in § 3.1(a)-[n];
2. Strike or dismiss any sentencing enhancements identified as stricken in § 3.4.
3.2 Rights Waived
By entering this Plea, Defendant knowingly, voluntarily, and intelligently waives:
(a) The right to a jury trial;
(b) The right to confront and cross‐examine witnesses;
(c) The right to subpoena witnesses and present evidence in defense;
(d) The privilege against self‐incrimination; and
(e) Any and all rights to appeal, except as expressly reserved in § 5.1.
3.3 Immigration Advisement
Pursuant to Cal. Penal Code § 1016.5, Defendant is hereby advised that if Defendant is not a United States citizen, the conviction may have immigration consequences, including deportation, exclusion from the United States, or denial of naturalization. Defendant acknowledges receipt and understanding of this advisement.
3.4 Agreed Sentence
Subject to Court approval and compliance with any applicable sentencing guidelines:
- Custody: [STATE TOTAL TERM, e.g., “Two (2) years state prison, mid‐term, to run concurrent with …”].
- Fines/Fees: Base fine of $[AMOUNT] plus statutory assessments.
- Restitution: Full restitution to victims in an amount to be determined by the Court (§ 1202.4).
- Probation: [Formal / Summary] probation for [TERM] years with the conditions in Exhibit A.
- Enhancements: [STRICKEN / IMPOSED] as follows: [LIST].
- Credits: Custody credits calculated pursuant to §§ 2900.5 and 4019.
- Stay of Execution: [Yes/No] – If yes, terms in Exhibit B apply.
[// GUIDANCE: Customize sentencing subsection to align with negotiated disposition and statutory limits. Always verify that the agreed sentence is within the Court’s discretionary range under § 1192.5.]
3.5 Conditions Precedent
This Agreement is conditioned upon:
(a) Defendant’s timely appearance at all scheduled hearings;
(b) Defendant’s truthful disclosure of assets for restitution purposes; and
(c) Court acceptance of the Plea and Sentence.
3.6 Conditions Subsequent
Failure of any party’s obligations under § 3.5 constitutes a material breach and triggers the remedies in Article 6.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority
(a) The People warrant that the undersigned prosecutor is duly authorized to bind the prosecuting agency.
(b) Defense counsel represents that counsel is duly admitted to practice before this Court and has fully advised Defendant of all constitutional rights and possible consequences.
4.2 Defendant’s Representations
Defendant represents and warrants that:
1. Defendant has had adequate time to consult with counsel;
2. Defendant is entering the Plea freely and voluntarily, and not as a result of force, threats, or promises other than those contained herein;
3. Defendant is mentally competent;
4. No undisclosed inducements, considerations, or representations have been made to Defendant.
4.3 Survival
All representations and warranties survive the Court’s acceptance of the Plea.
5. COVENANTS & RESTRICTIONS
5.1 Appeal Waiver
Except for:
(a) Sentencing error exceeding the agreed maximum;
(b) Ineffective assistance of counsel; or
(c) Newly discovered evidence unknown at the time of the Plea,
Defendant covenants not to appeal or collaterally attack the conviction or Sentence.
5.2 Compliance Covenant
Defendant shall comply with all terms of probation, post‐release community supervision, parole, protective orders, and any programs or classes mandated by the Court.
5.3 Notice of Violation
Defendant shall notify the Court and probation department in writing within five (5) court days of any change of residence or contact information.
6. DEFAULT & REMEDIES
6.1 Events of Default
A default occurs if Defendant:
(a) Fails to appear at any required court date;
(b) Violates any term of probation, parole, or post‐release community supervision;
(c) Provides materially false statements in § 4.2.
6.2 People’s Remedies
Upon default, and after notice to Defendant:
1. The People may declare this Agreement void ab initio;
2. All dismissed counts and enhancements may be reinstated;
3. Any stayed sentences may be executed;
4. The People may seek the statutory maximum Sentence permitted by law.
6.3 Cure Period
For non‐willful violations capable of cure, Defendant shall have ten (10) court days from written notice to cure before remedies in § 6.2 are effected.
6.4 Attorneys’ Fees
If litigation is required to enforce this Agreement, the prevailing party may seek reasonable attorneys’ fees and costs as determined by the Court.
7. RISK ALLOCATION
7.1 Limitation of Liability
Defendant’s liability to the People and victims is limited to the Sentence, restitution, fines, and fees set forth in § 3.4 and Exhibit A.
7.2 No Indemnification
No indemnification obligations arise under this Agreement.
7.3 Force Majeure
Not applicable; custodial obligations are absolute absent lawful excuse (e.g., medical incapacity certified by the Court).
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed exclusively by the laws of the State of California, including the California Penal Code and California Rules of Court.
8.2 Jurisdiction & Venue
The Superior Court of California, County of [COUNTY], retains exclusive jurisdiction over any dispute, enforcement action, or motion arising from or related to this Agreement.
8.3 Arbitration
Arbitration is not available for criminal matters and is expressly excluded.
8.4 Jury Waiver
Defendant expressly waived the right to jury trial in § 3.2; nothing herein revives that right.
9. GENERAL PROVISIONS
9.1 Amendment
No amendment or modification is effective unless in writing, signed by all Parties, and approved by the Court on the record.
9.2 Assignment
Neither Party may assign rights or delegate duties under this Agreement.
9.3 Successors & Assigns
This Agreement binds and benefits the respective successors, heirs, and personal representatives of the Parties, subject to § 9.2.
9.4 Severability
If any provision is held invalid, the remaining provisions remain in full force, provided the essential terms can still be enforced.
9.5 Integration
This Agreement, including Exhibits, embodies the entire understanding of the Parties and supersedes all prior negotiations.
9.6 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
Executed as of the Effective Date.
10.1 Defendant
[DEFENDANT FULL LEGAL NAME]
Defendant
Date: __
10.2 Defense Counsel
[ATTORNEY NAME], Esq.
Attorney for Defendant
State Bar No. [_____]
Date: __
10.3 People of the State of California
[NAME], Deputy District Attorney
[COUNTY] County District Attorney’s Office
Date: __
10.4 Judicial Acceptance
The foregoing Plea Agreement is reviewed, found to be knowing, intelligent, and voluntary, and is hereby ACCEPTED. Sentencing is ordered in accordance with § 3.4.
Hon. [NAME]
Judge of the Superior Court
Date: __
EXHIBIT A – PROBATION TERMS
[INSERT STANDARD OR NEGOTIATED PROBATION CONDITIONS HERE, e.g., obey all laws, submit to search and seizure, no possession of firearms, complete [PROGRAM], etc.]
EXHIBIT B – STAY OF EXECUTION CONDITIONS (if applicable)
[INSERT CONDITIONS THAT MUST BE SATISFIED TO MAINTAIN A STAY OF EXECUTION.]
[// GUIDANCE: Verify all statutory references, complete all placeholders, attach additional exhibits (e.g., factual basis, restitution stipulation) as needed, and ensure defendant initials each page before submission.]