State Plea Agreement

COLORADO STATE PLEA AGREEMENT

(Template – For Attorney Use Only)

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Provisions
    3.1 Plea & Factual Basis
    3.2 Waiver of Constitutional & Statutory Rights
    3.3 Sentencing Stipulations & Guidelines Compliance
    3.4 Restitution, Costs, & Fees
    3.5 Appeal & Collateral Attack Waivers
    3.6 Additional Obligations Pending Sentencing

4. Representations & Warranties

5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution & Acceptance

1. DOCUMENT HEADER

THIS COLORADO STATE PLEA AGREEMENT (the “Agreement”) is entered into effective as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

a. The People of the State of Colorado, acting through the Office of the District Attorney for the ☐ Judicial District (the “People” or “Prosecution”); and

b. [DEFENDANT NAME], DOB ☐, Case No. [COURT CASE NO.] (the “Defendant”).

RECITALS

A. Defendant is charged in the above-captioned matter with the offense(s) identified herein.
B. The Parties desire to resolve the pending charges through a negotiated disposition pursuant to Colo. R. Crim. P. 11 (“Rule 11”) and applicable provisions of Title 18, Colorado Revised Statutes (“C.R.S.”).
C. In consideration of the mutual promises and covenants set forth below, the Parties agree as follows.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:

“Agreement” – This Colorado State Plea Agreement, including all schedules and attachments.
“Charge(s)” – The criminal count(s) set forth in Section 3.1(a).
“Court” – The [___] District Court, [County], State of Colorado, or such other court with lawful jurisdiction over the matter.
“DA” – The duly elected District Attorney (or authorized deputy) for the ☐ Judicial District.
“Effective Date” – The date first written above.
“Final Sentence” – The sentence ultimately imposed by the Court consistent with Section 3.3.
“Guidelines” – The sentencing ranges set forth in C.R.S. § 18-1.3-401 (felonies) and/or § 18-1.3-501 (misdemeanors), as applicable.
“Rule 11 Advisement” – The comprehensive advisement required by Colo. R. Crim. P. 11(b).
“Violation” – Any breach of Defendant’s obligations under this Agreement, as further described in Section 6.1.

3. OPERATIVE PROVISIONS

3.1 Plea & Factual Basis

a. Plea. Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to the following Charge(s):
 • Count [___]: [STATUTORY CITE & OFFENSE LEVEL]
 • [Additional counts, if any]

b. Dismissed Counts. In exchange, the People agree to move to dismiss the following at sentencing: [LIST or “None”].

c. Factual Basis. Defendant stipulates that a factual basis for the above plea exists and is sufficient for Rule 11 purposes. The Parties adopt the factual summary attached hereto as Schedule A.

3.2 Waiver of Constitutional & Statutory Rights

By entering this plea, Defendant knowingly, voluntarily, and intelligently waives the following rights, each after full Rule 11 Advisement:

1. The right to a speedy and public jury trial (C.R.S. § 18-1-406);
2. The right to confront and cross-examine witnesses;
3. The right against self-incrimination;
4. The right to subpoena witnesses and present evidence;
5. The right to file and litigate pre-trial motions; and
6. All other rights attendant to trial.

3.3 Sentencing Stipulations & Guidelines Compliance

a. Agreed Sentence. Subject to Court approval, the Parties jointly recommend:
 • Incarceration: [___] months/years in the [DOC/County Jail], which falls within the Guidelines for the offense level;
 • Probation: [___] months with standard and special conditions noted in Schedule B;
 • Credit for Time Served: [___] days;
 • Concurrent/Consecutive: [Specify].

b. Non-Binding Nature. The Court retains ultimate sentencing discretion. If the Court elects not to follow the Agreed Sentence, Defendant may [elect to withdraw the plea / proceed with an open plea], consistent with Rule 11(f)(5).

c. Parole/Post-Release Supervision. Any mandatory parole period required by statute shall apply.

3.4 Restitution, Costs, & Fees

Defendant shall pay: (i) restitution in the amount of $[___] pursuant to C.R.S. § 18-1.3-603; (ii) a crime-victim compensation fee of $[___]; (iii) docket costs; and (iv) any statutory surcharges. Interest shall accrue as provided by law.

3.5 Appeal & Collateral Attack Waivers

a. Direct Appeal. Except as to (i) the voluntariness of this plea, (ii) the legality of the sentence imposed, or (iii) prosecutorial misconduct unknown at the time of plea, Defendant waives the right to direct appeal under C.A.R. 4(b).

b. Post-Conviction Relief. Defendant further waives the right to pursue collateral attacks under Crim. P. 35(c) except for claims of ineffective assistance of counsel or newly discovered evidence.

3.6 Additional Obligations Pending Sentencing

a. Appearance. Defendant must personally appear for all court-ordered proceedings unless excused in writing by the Court.

b. Law-Abiding Conduct. Defendant shall commit no new criminal offenses.

c. Cooperation. If applicable, Defendant shall provide truthful cooperation outlined in Schedule C.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant

a. Competency & Voluntariness. Defendant is mentally competent and enters this Agreement voluntarily, free of coercion.
b. Truthful Disclosures. All information provided to the People is complete and accurate.
c. Immigration/Collateral Consequences. Defendant has discussed potential collateral consequences, including immigration, firearm, and licensing issues, with counsel.

4.2 Counsel for Defendant

Counsel affirms that (i) they have explained all terms herein; (ii) Defendant understands the plea and its consequences; and (iii) counsel believes the plea is in Defendant’s best interest.

4.3 The People

The People warrant that they have lawful authority to enter into this Agreement and will recommend the Agreed Sentence so long as Defendant is not in Violation.

Survival. The representations and warranties in Sections 4.1–4.3 shall survive entry of judgment and sentencing.

5. COVENANTS & RESTRICTIONS

5.1 Defendant Covenants

a. Compliance. Defendant shall abide by all conditions set forth in Sections 3.3–3.6.
b. Notification. Defendant shall promptly notify the Court and counsel of any change in address or contact information.

5.2 Prosecution Covenants

The People shall move for dismissal of identified counts and recommend the Agreed Sentence, provided Defendant is not in Violation.

6. DEFAULT & REMEDIES

6.1 Events of Default (“Violation”)

a. Failure to Appear or Failure to Comply with Section 3.6;
b. Commission of a new criminal offense;
c. Material misrepresentation made in connection with this Agreement.

6.2 Notice & Opportunity to Cure

Upon alleged Violation, the People shall provide written notice to Defendant and defense counsel. Defendant shall have an opportunity to respond at a Rule 32 sentencing or separate Violation hearing.

6.3 Remedies

a. Prosecutorial Withdrawal. The People may declare the Agreement null and void and reinstate dismissed counts.
b. Open Sentencing. The Court may proceed to open sentencing on the original charge(s).
c. Attorney Fees & Costs. If Defendant’s Violation necessitates additional litigation, the Court may order Defendant to pay reasonable costs incurred by the People.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable in criminal plea agreements.

7.2 Limitation of Liability. The Parties agree that Defendant’s exposure is limited to the maximum statutory sentences for the pled offenses (“Liability Cap”).

7.3 Force Majeure. Not applicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by the laws of the State of Colorado.

8.2 Forum & Jurisdiction. Any dispute arising from this Agreement shall be heard exclusively in the state criminal court with jurisdiction over the underlying case.

8.3 Arbitration. Not available.

8.4 Jury Waiver. As set forth in Section 3.2, Defendant waives the right to a jury trial.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement, including all schedules, constitutes the entire understanding between the Parties and supersedes all prior negotiations.

9.2 Amendments. Any amendment must be in writing, signed by all Parties, and approved on the record by the Court.

9.3 Severability. If any provision is found unenforceable, the remainder shall remain in full force, provided the essential terms can still be effectuated.

9.4 Assignment. Neither Party may assign rights or delegate duties hereunder.

9.5 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, including PDF or electronic signatures, each of which shall be deemed an original.

10. EXECUTION & ACCEPTANCE

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

Defendant

__________________________________
[DEFENDANT NAME]
Date: ___________

Counsel for Defendant

__________________________________
[DEFENSE COUNSEL NAME], # [BAR NO.]
Date: ___________

The People

__________________________________
[PROSECUTOR NAME], # [BAR NO.]
Deputy District Attorney, ☐ Judicial District
Date: ___________

COURT ACCEPTANCE

The Court, having conducted the Rule 11 inquiry, finds the plea to be knowing, voluntary, and supported by a factual basis. The Agreement is therefore accepted and the plea is entered this _____ day of __________, 20__.

__________________________________
The Honorable [JUDGE NAME]
[___] District Court, State of Colorado

SCHEDULE A – FACTUAL BASIS

[Insert detailed factual statement supporting the plea.]

SCHEDULE B – PROBATION CONDITIONS

[Insert standard & special conditions.]

SCHEDULE C – COOPERATION OBLIGATIONS (If Applicable)

[Detail any debriefings, testimony, etc.]