State Plea Agreement - Connecticut

PLEA AGREEMENT

SUPERIOR COURT, STATE OF CONNECTICUT

Judicial District / Geographical Area: [________________________________]

Docket No.: [________________________________]

This attorney-use template must be conformed to the charged offense, the current Connecticut Practice Book, all applicable sentencing statutes, and the court's procedures. It supplements and does not replace the personal plea canvass.

1. PARTIES AND CASE

This Plea Agreement is between:

• The State of Connecticut, through [STATE'S ATTORNEY'S OFFICE AND PROSECUTOR] (the “State”); and
• [DEFENDANT FULL LEGAL NAME] (the “Defendant”), represented by [DEFENSE COUNSEL AND JURIS NUMBER].

The operative information or complaint is dated [DATE] and charges the counts identified below.

2. PLEA AND CHARGE DISPOSITION

2.1 Plea Counts

Defendant agrees to plead [GUILTY / NOLO CONTENDERE] as follows:

Under Practice Book § 39-18(b), a nolo contendere plea must be written and signed by Defendant. If accepted, it is followed by a finding of guilty.

2.2 Discovery Confirmation

Before allowing the plea, Practice Book § 39-18(a) requires the judicial authority to confirm in open court that Defendant received all discovery requested in writing under Chapter 40 that is in the prosecuting authority's possession.

☐ Defendant received all such requested discovery.

☐ Defendant and counsel agree to waive further disclosure of requested material before the plea. This waiver does not apply to the State's continuing duties to disclose exculpatory information or materials under Practice Book §§ 40-3 and 40-11.

☐ Discovery status or reservation: [________________________________].

2.3 Charge Agreement

Under Practice Book § 39-5, the parties agree that the State will:

☐ Amend the information to charge: [________________________________].

☐ Enter a nolle prosequi as to: [________________________________].

☐ Recommend dismissal of: [________________________________].

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

☐ Other lawful disposition: [________________________________].

A nolle must be entered on the record after the prosecutor briefly states the reasons in open court. Under Practice Book §§ 39-29 and 39-31, the nolle terminates that prosecution, but a later decision to proceed requires a new prosecution. This Agreement does not automatically convert a nolle into a dismissal with prejudice.

3. SENTENCING AGREEMENT

3.1 Statutory Exposure

Complete this section from the offense statute, the offense date, and every applicable sentencing provision. Practice Book § 39-19 requires the Court to determine that Defendant understands any mandatory minimum, any nonsuspendable sentence, and the maximum possible sentence, including the possible effect of consecutive sentences and prior convictions.

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

3.2 Agreed Disposition

Under Practice Book § 39-5(3), select and complete every applicable term:

☐ The sentence or disposition will not exceed: [________________________________].

☐ Definite agreed disposition: [________________________________].

☐ State's recommendation: [________________________________].

☐ State will not oppose: [________________________________].

☐ State will make no specific sentencing recommendation.

☐ Defendant may argue for: [________________________________].

☐ Incarceration and suspended execution: [________________________________].

☐ Probation term and proposed special conditions: [________________________________].

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

☐ Restitution—statutory basis, amount or status, payee, and hearing terms: [________________________________].

☐ Other authorized disposition: [________________________________].

3.3 Effect of Acceptance

Under Practice Book § 39-8, if the judicial authority accepts this plea agreement, the judgment and sentence must embody the agreed disposition or another disposition more favorable to Defendant.

If sentencing is continued, § 39-9 requires the Court to warn Defendant that new information or sentencing by another judicial authority may result in a different sentence, but that Defendant will be allowed to withdraw the plea if the different sentence is imposed.

4. FACTUAL BASIS, VOLUNTARINESS, AND RECORD

4.1 Guilty Plea Factual Basis

Practice Book § 39-21 provides that the judicial authority may not accept a guilty plea unless satisfied that a factual basis exists.

☐ Defendant states the following facts: [________________________________].

☐ The State's offer of proof is: [________________________________].

☐ The factual-basis record is identified as: [________________________________].

4.2 Nolo Contendere Plea Record

For a nolo contendere plea, Defendant does not make an unintended factual admission through a generic stipulation clause. The parties identify the following record for the Court's inquiry and finding of guilty: [________________________________].

4.3 Voluntariness and Complete Agreement

Under Practice Book § 39-20, the Court must personally determine in open court that the plea is voluntary and is not the result of force, threats, or promises apart from a plea agreement, and must inquire whether the plea results from prior discussions with the State.

Defendant states that no promise, threat, or inducement exists outside this writing and the terms disclosed to the Court.

Practice Book § 39-24 requires a verbatim record of the plea proceeding, including the advice to Defendant, the voluntariness inquiry, the plea agreement, and the factual-basis inquiry.

5. DEFENDANT'S UNDERSTANDINGS AND RIGHTS

Defendant understands that this writing does not replace the Court's personal examination under Practice Book §§ 39-19 and 39-20.

Defendant acknowledges, subject to the Court's canvass:

1. The nature of every charge to which the plea is offered.
2. Any mandatory minimum and any statutory restriction on suspending the sentence.
3. The maximum possible sentence, including consecutive exposure and any additional punishment authorized by a prior conviction.
4. The right to plead not guilty or persist in that plea.
5. The right to trial by jury or judge.
6. The right to the assistance of counsel at trial.
7. The right to confront and cross-examine witnesses.
8. The right not to be compelled to incriminate oneself.
9. The charge dispositions, sentencing terms, and conditions stated in this Agreement.

By entering an accepted guilty or nolo contendere plea, Defendant gives up the trial rights identified by the Court for the plea counts.

6. IMMIGRATION ADVISEMENT

Conn. Gen. Stat. § 54-1j requires the Court, before accepting a guilty or nolo contendere plea, to address Defendant personally and determine that Defendant understands that, if Defendant is not a United States citizen, conviction may result in deportation or removal, exclusion from readmission, or denial of naturalization under federal law.

If Defendant has not discussed those possible consequences with counsel, the Court must permit that discussion before accepting the plea. Defendant is not required at the plea to disclose immigration status to the Court.

☐ The Court gave the required personal advisement.

☐ Defendant requested time to discuss immigration consequences with counsel.

This written section does not replace the Court's statutory duty or counsel's case-specific advice.

7. CONDITIONAL APPELLATE PLEA, IF ANY

This template does not impose a blanket waiver of appellate or postconviction remedies.

7.1 Dispositive Suppression or Dismissal Ruling

Under Conn. Gen. Stat. § 54-94a and Practice Book § 61-6(a)(2)(A), before trial Defendant may enter a conditional nolo contendere plea preserving review of the denial of a motion to suppress or dismiss only if the trial court determines that the ruling is dispositive. Review is limited to that denial, and the Court must decline the conditional plea if the record is inadequate for appellate review.

☐ Not applicable.

☐ Preserved motion, ruling date, dispositive finding, and appellate record: [________________________________].

7.2 Other Specified Motion

Under Practice Book § 61-6(a)(2)(B), with Court approval after a hearing to consider objections, a conditional guilty or nolo contendere plea may preserve a specified adverse ruling on a motion made before the close of evidence. The ruling must be dispositive and the record adequate for review.

☐ Not applicable.

☐ Preserved motion, ruling date, hearing, written reservation, dispositive finding, and record: [________________________________].

If Defendant prevails under § 61-6(a)(2)(B), the judgment is set aside after remand and Defendant is allowed to withdraw the conditional plea. No issue is preserved unless the applicable requirements are completed on the record.

8. PRESENTENCE CONDITIONS AND GARVIN AGREEMENT

8.1 Ordinary Presentence Conditions

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

☐ Sentencing date and location: [________________________________].

☐ Other presentence obligation: [________________________________].

8.2 Two-Outcome Garvin Agreement

Do not use this subsection unless the Court and parties intend a fully defined conditional sentencing agreement under State v. Garvin and related authority.

☐ This is not a Garvin agreement.

☐ This is a Garvin agreement with two stated outcomes:

• Compliance conditions: [________________________________]
• Disposition upon compliance: [________________________________]
• Precisely defined triggering condition(s): [________________________________]
• Alternative disposition after a proven trigger: [________________________________]

State v. Small, 78 Conn. App. 14 (2003), describes a Garvin agreement as having two possible binding outcomes—one following compliance and one following violation—and requires an evidentiary basis for a breach determination. No generic allegation, unilateral declaration, private cure period, automatic reinstatement of nolled charges, or prosecutorial attorney-fee remedy is supplied by this template.

9. DISCLOSURE, ACCEPTANCE, REJECTION, AND WITHDRAWAL

9.1 Disclosure and Initial Court Action

Practice Book § 39-7 requires disclosure of the plea agreement in open court when the plea is offered, or in camera on a showing of good cause. The Court may accept, reject, or defer its decision pending a presentence report or for another reason.

9.2 Rejection

Under Practice Book § 39-10, if the Court rejects the agreement, it must inform the parties, personally advise Defendant that the Court is not bound, allow Defendant to withdraw any plea already given, and warn that persistence in the plea may produce a less favorable disposition.

9.3 Withdrawal

Under Practice Book § 39-26:

• Defendant may withdraw a guilty or nolo contendere plea as of right until acceptance.
• After acceptance, Defendant may withdraw upon proof of a ground listed in § 39-27.
• Defendant may not withdraw after the conclusion of the proceeding at which sentence was imposed.

The § 39-27 grounds include lack of substantial compliance with the canvass rule, an involuntary or uninformed plea, a sentence exceeding an accepted or deferred plea agreement, ineffective assistance of counsel, and lack of a factual basis for a guilty plea.

If withdrawal is allowed, § 39-28 requires the guilty finding to be set aside, a not-guilty plea to enter, and further proceedings to be scheduled. The judge permitting withdrawal may not preside at trial unless Defendant waives that restriction in writing.

9.4 Rejected or Withdrawn Plea Proceedings

Practice Book § 39-25 bars use at trial of evidence of the court proceedings at which a guilty or nolo contendere plea was rejected or later withdrawn under §§ 39-26 through 39-28.

10. COMPLETE AGREEMENT AND CHANGES

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

Any change must be disclosed 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 consequences, and offer my plea voluntarily. I will identify any missing promise, threat, or inducement during the Court's canvass.

________________________________________
[DEFENDANT FULL LEGAL NAME]
Date: ______________________

DEFENSE COUNSEL

I have reviewed the charges, evidence, defenses, sentencing exposure, rights, immigration and other consequences, discovery status, conditional-appeal terms if any, and complete Agreement with Defendant.

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

PROSECUTING AUTHORITY

The State agrees to the terms and dispositions stated in this writing and its incorporated attachments. No additional plea promise is being made outside the identified record.

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

12. COURT FINDINGS AND ACTION

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

☐ The agreement was disclosed under Practice Book § 39-7.

☐ Defendant received requested discovery or made the limited waiver recorded under § 39-18(a).

☐ Defendant understands the charge, sentencing exposure, and trial rights under § 39-19.

☐ The plea is voluntary under § 39-20.

☐ A factual basis exists for the guilty plea under § 39-21.

☐ The plea and agreement are accepted.

☐ Acceptance is deferred for: [________________________________].

☐ The agreement is rejected, and Defendant elects to [WITHDRAW / PERSIST IN] the plea after the § 39-10 advisement.

☐ Conditional appellate plea requirements are satisfied as stated in Section 7.

☐ Garvin-agreement terms are knowingly accepted as stated in Section 8.2.

________________________________________
JUDICIAL AUTHORITY
Date: ______________________

SOURCES AND REFERENCES

• Connecticut Judicial Branch, 2026 Practice Book — https://www.jud.ct.gov/publications/PracticeBook/PB.pdf
• Connecticut Judicial Branch Law Libraries, Withdrawal of Pleas in Connecticut (2026) — https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/Withdraw_Plea.pdf
• Connecticut Appellate Court, State v. Sanderson, AC 47622 (officially released June 2, 2026), quoting Conn. Gen. Stat. § 54-94a — https://www.jud.ct.gov/external/supapp/Cases/AROap/AP239/AP239.230.pdf
• Connecticut Appellate Court, State v. Small, 78 Conn. App. 14 (2003) — https://www.jud.ct.gov/external/supapp/Cases/AROap/AP78/78ap420.pdf
• Connecticut General Assembly, current Chapter 959 — https://www.cga.ct.gov/current/pub/chap_959.htm

Prepared by: [LAW FIRM / ATTORNEY]