State Plea Agreement - Colorado

PLEA AGREEMENT

[DISTRICT / COUNTY] COURT, [COUNTY], COLORADO

Case No.: [________________________________]

This attorney-use template must be conformed to the charged offense, the offense date, every applicable sentencing statute, the court's current local plea form, and current filing procedures. It supplements and does not replace the Court's Rule 11 inquiry.

Currentness alert: Colorado's official 2026 Red Book identifies amendments to C.R.S. §§ 18-1.3-401(14), 18-1.3-501(1)(c), and 18-1.3-603 that take effect August 12, 2026. Reverify those provisions before using this template on or after that date.

1. PARTIES AND CHARGING DOCUMENT

This Plea Agreement is between:

• The People of the State of Colorado, through [DISTRICT ATTORNEY'S OFFICE 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 CONCESSIONS

2.1 Plea

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

Under Colo. R. Crim. P. 11(a), a no-contest plea requires the Court's consent.

If this is a class 1 felony, or if Defendant will plead guilty to a lesser-included offense, confirm that the district attorney's written consent required by Rule 11(b)(7) is filed:

☐ Not applicable.

☐ Written consent is attached or separately filed.

2.2 Charge Concessions

Subject to the Court's independent decision whether to grant the requested concessions, the People agree to:

☐ Seek or not oppose dismissal of the following charged offense(s): [________________________________].

☐ Seek or not oppose dismissal of the following allegation(s) or enhancement(s): [________________________________].

☐ Not prosecute the following specifically identified potential charge(s): [________________________________].

☐ Consent to the following deferred-sentencing or diversion disposition, if legally available: [________________________________].

☐ Other lawful charge concession: [________________________________].

C.R.S. § 16-7-301(2) and Rule 11(f)(2) authorize the prosecutor to seek, make, or refrain from opposing the identified concessions; they do not make a dismissal or sentencing outcome automatic.

If this case includes a plea to an offense under article 18 of title 18, this Agreement does not waive Defendant's right to petition to seal conviction records under the law identified in C.R.S. § 16-7-301(5).

3. FACTUAL BASIS AND BASIS FOR THE AGREEMENT

Rule 11(b)(6) requires the Court to determine that a factual basis exists. If the plea results from a plea agreement, the Court must explain the basis for the agreement and satisfy itself that Defendant understands that basis; Defendant may then waive establishment of a factual basis for the particular plea charge.

Select the proposed record:

☐ Defendant states the following facts establishing the plea offense: [________________________________].

☐ The parties rely on the [police report / preliminary-hearing transcript / offer of proof / other record] identified as [________________________________].

☐ After the Court explains the basis for this Agreement, Defendant requests to waive establishment of a factual basis as permitted by Rule 11(b)(6).

The Court retains responsibility for the Rule 11 determination. This writing does not make that determination for the Court.

4. SENTENCING EXPOSURE AND RECOMMENDATIONS

4.1 Governing Law and Exposure

C.R.S. §§ 18-1.3-401 and 18-1.3-501 contain general felony and misdemeanor classifications, but the lawful sentence can depend on the offense date, offense-specific statutes, drug-felony provisions, crime-of-violence provisions, prior convictions, extraordinary-risk rules, sex-offense provisions, and other enhancements or restrictions.

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

4.2 Negotiated Sentencing Position

Select and complete every applicable term:

☐ Joint sentencing recommendation: [________________________________].

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

☐ People's recommendation: [________________________________].

☐ Defendant may argue for: [________________________________].

☐ Open sentencing within lawful limits.

☐ Probation recommendation and proposed conditions: [________________________________].

☐ Concurrent or consecutive recommendation: [________________________________].

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

☐ Other lawful sentencing recommendation: [________________________________].

Under C.R.S. § 16-7-302(3), Rule 11(f)(5), and People v. Mazzarelli, 2019 CO 71, every sentence concession—regardless of whether it is labeled a stipulation, agreement, cap, range, or recommendation—is a recommendation that the Court must independently accept or reject.

Rule 11(b)(5) also requires Defendant to understand that the Court is not bound by a representation about punishment or probation unless it is included in a formal plea agreement approved by the Court and supported by the presentence-report findings, if any.

5. RESTITUTION AND OTHER FINANCIAL TERMS

5.1 Restitution Order

C.R.S. § 18-1.3-603 requires each covered order of conviction to address restitution. Select the requested disposition:

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

☐ Defendant will be obligated to pay restitution, with the amount determined under § 18-1.3-603(1)(b). As of this template's verification date, that provision generally requires determination within 63 days after the prosecutor submits restitution information or within 63 days after the order of conviction, whichever is later, unless good cause supports an extension.

☐ Restitution will cover the actual costs of the following specific future treatment: [________________________________].

☐ The parties request a specific finding that no victim suffered pecuniary loss and that no restitution order will enter.

☐ Restitution is disputed; the disputed issues are: [________________________________].

5.2 Dismissed-Charge Conduct

Under § 18-1.3-603(11), the Court may not impose restitution for losses proximately caused by conduct exclusively related to dismissed charges unless Defendant and the prosecution agree at the time the plea is entered.

☐ No restitution is agreed for conduct exclusively related to dismissed charges.

☐ Defendant expressly agrees to restitution for the following dismissed-charge conduct and identified losses: [________________________________].

5.3 Other Financial Consequences

An entered restitution order carries the interest, judgment, lien, and collection consequences supplied by § 18-1.3-603(4). Do not insert a conflicting private interest rate or prevailing-party attorney-fee clause.

6. DEFENDANT'S RULE 5 AND RULE 11 UNDERSTANDINGS

Defendant understands that the Court—not this document—must provide the required advisements and make the required findings before accepting the plea.

Defendant acknowledges, subject to the Court's personal inquiry:

1. Defendant understands the nature and elements of each plea charge and the effect of the plea.
2. The plea is voluntary and is not the result of undue influence or coercion.
3. Defendant has the right to a jury trial and, by the accepted plea, waives a jury trial on the plea issues.
4. Defendant understands the possible penalties and the case-specific exposure stated in Section 4.1.
5. Defendant need make no statement and understands that statements may be used against Defendant, subject to applicable law.
6. Defendant understands the right to counsel and has had sufficient time to consult with counsel.
7. Defendant has discussed the charges, defenses, evidence, sentencing consequences, immigration issues, and other case-specific consequences with counsel.
8. Defendant will answer the Court's questions truthfully and will identify any promise, threat, or inducement not stated in this writing.

The Court must also give every other advisement required by Rule 5(a)(2), Rule 11, the charged offense, and current law.

7. ADDITIONAL CASE-SPECIFIC TERMS

7.1 Appearance and Release Conditions

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

☐ Sentencing is set for [DATE] at [TIME] in [COURTROOM].

☐ Surrender term: [________________________________].

7.2 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.

7.3 Other Express Conditions

☐ No additional condition.

☐ Additional condition and expressly negotiated consequence: [________________________________].

7.4 No Generic Default Remedies

This template supplies no generic cure period, unilateral rescission, automatic reinstatement of dismissed counts, prosecutorial attorney-fee remedy, or automatic admissibility clause. If a party alleges breach of an express condition, that party must request a Court determination of the facts and legally available relief. Mazzarelli expressly did not decide the remedy, if any, for a party's alleged breach after a guilty plea.

Except for proceedings resulting from a guilty or no-contest plea that is not withdrawn, the use of plea discussions and plea agreements is governed by Rule 11(f)(6) and other applicable law.

8. COURT REVIEW, REJECTION, AND WITHDRAWAL

8.1 Independent Review

The trial judge may not participate in plea discussions and must exercise independent judgment in deciding whether to grant charge and sentence concessions.

If the parties request review of a tentative agreement before tender of the plea, C.R.S. § 16-7-302(2) permits the Court to hear the agreement and reasons and indicate whether it will concur if the presentence-report information is consistent with the parties' representations.

8.2 Court Declines the Plea

If the Court refuses to accept a guilty or no-contest plea, Rule 11(d) directs entry of a not-guilty plea.

8.3 Court Later Rejects a Concession

If, after accepting the plea, the Court decides that the final disposition should not include a contemplated charge or sentence concession, Rule 32(d) and § 16-7-302(2) require the Court to advise Defendant and the district attorney and call upon Defendant to affirm or withdraw the plea.

Under Mazzarelli, only Defendant—not the prosecution—may withdraw solely because the Court rejects a sentence concession after accepting the guilty plea.

8.4 Other Pre-Sentence Withdrawal Request

Rule 32(d) permits a motion to withdraw a guilty or no-contest plea only before sentence is imposed or imposition of sentence is suspended. This Agreement creates no broader automatic withdrawal right.

9. APPELLATE AND POSTCONVICTION REVIEW

This template does not impose a blanket waiver of direct appeal, sentence review, Rule 35 relief, ineffective-assistance claims, newly discovered evidence, or other postconviction remedies.

Any proposed case-specific waiver must be separately drafted, supported by current Colorado authority, and addressed knowingly on the record. No unstated waiver is part of this Agreement.

10. COMPLETE AGREEMENT AND CHANGES

This writing and every attachment expressly incorporated on the record contain the complete plea agreement. No promise, threat, representation, or inducement outside the identified record is part of the plea.

Any change must be stated to the Court and documented in the manner the Court requires before reliance on the changed term.

11. 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 offer my plea voluntarily. I will tell the Court if I do not understand a term or if any promise, threat, or inducement is missing.

________________________________________
[DEFENDANT FULL LEGAL NAME]
Date: ______________________

DEFENSE COUNSEL

I have reviewed the charges, elements, defenses, evidence, sentencing exposure, consequences, rights, factual-basis options, and complete Agreement with Defendant.

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

PROSECUTOR

The People agree to the terms and requested concessions stated in this writing and its incorporated attachments. No additional plea promise is being made outside the identified record.

________________________________________
[PROSECUTOR NAME], Reg. No. [____]
[DISTRICT ATTORNEY'S OFFICE]
Date: ______________________

12. COURT FINDINGS AND ACTION

After conducting the required Rule 11 proceedings, the Court finds and orders:

☐ Defendant understands the plea charges, possible penalties, rights, and effect of the plea.

☐ The plea is voluntary and is not the result of undue influence or coercion.

☐ A factual basis exists.

☐ After explanation of the basis for the negotiated plea, Defendant knowingly waives establishment of a factual basis under Rule 11(b)(6).

☐ The plea is accepted.

☐ The following charge concession is granted or approved: [________________________________].

☐ The following sentencing recommendation is accepted: [________________________________].

☐ The Court declines the plea or rejects the following concession: [________________________________].

☐ After the advisement required by Rule 32(d) and § 16-7-302(2), Defendant elects to [AFFIRM / WITHDRAW] the plea.

________________________________________
JUDGE / JUDICIAL OFFICER
Date: ______________________

SOURCES AND REFERENCES

• Colorado Judicial Branch, Colo. R. Crim. P. 5 — https://www.coloradojudicial.gov/sites/default/files/2024-06/Supp%20RULE%205%20PRELIMINARY%20PROCEEDINGS.pdf
• Colorado Judicial Branch, Colo. R. Crim. P. 11 — https://www.coloradojudicial.gov/sites/default/files/2024-06/Supp%20RULE%2011%20PLEAS.pdf
• Colorado Judicial Branch, Rule Change 2006(11), Rule 32 — https://www.coloradojudicial.gov/sites/default/files/2023-07/Rule_Change_2006-11.pdf
• Colorado Supreme Court, People v. Mazzarelli, 2019 CO 71 — https://www.coloradojudicial.gov/sites/default/files/2024-05/16SC546.pdf
• Colorado General Assembly, 2025 C.R.S. Title 16 — https://olls.info/crs/crs2025-title-16.htm
• Colorado General Assembly, 2025 C.R.S. Title 18 — https://olls.info/crs/crs2025-title-18.htm
• Colorado General Assembly, 2026 Red Book — https://content.leg.colorado.gov/agencies/office-legislative-legal-services/red-book-2026

Prepared by: [LAW FIRM / ATTORNEY]