State Plea Agreement - District of Columbia

PLEA AGREEMENT

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION

Case No.: [________________________________]

This attorney-use template must be conformed to the prosecuting authority, charged offense, plea date, current D.C. Code, current Superior Court rules, and any applicable sentencing-guidelines manual. It supplements and does not replace the Court's Rule 11 colloquy.

1. PARTIES AND CHARGING DOCUMENT

This Plea Agreement is between:

• The Government, through [UNITED STATES ATTORNEY'S OFFICE / OFFICE OF THE ATTORNEY GENERAL FOR THE DISTRICT OF COLUMBIA / OTHER AUTHORIZED PROSECUTOR], represented by [PROSECUTOR]; and
• [DEFENDANT FULL LEGAL NAME] (the “Defendant”), represented by [DEFENSE COUNSEL].

D.C. Super. Ct. Crim. R. 1(d)(1) defines “attorney for the government” to include authorized federal, United States Attorney, District of Columbia Attorney General, and other lawful prosecutors. Do not identify the USAO as the prosecutor when another office is handling the case.

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

2. PLEA, COUNTS, AND CONDITIONAL RESERVATION

2.1 Plea Counts

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

Under Rule 11(a)(1), a nolo contendere plea requires the Court's consent. Before accepting it, Rule 11(a)(3) requires the Court to consider the parties' views and the public interest in the effective administration of justice.

2.2 Conditional Plea, If Any

Under Rule 11(a)(2), a conditional guilty or nolo contendere plea requires both Court and Government consent and a written reservation identifying the adverse determination of a specified pretrial motion. A Defendant who prevails on appeal may withdraw the plea.

☐ This is not a conditional plea.

☐ This is a conditional plea preserving the following motion, ruling, and written issue: [________________________________].

3. FACTUAL BASIS AND VOLUNTARINESS

3.1 Guilty Plea

Before entering judgment on a guilty plea, Rule 11(b)(3) requires the Court to determine that a factual basis exists.

☐ Defendant agrees that the attached Statement of Offense accurately states the following conduct and elements: [________________________________].

☐ The Government's proffer and other factual-basis record are: [________________________________].

3.2 Nolo Contendere Plea

Rule 11(b)(3) states the factual-basis duty for a guilty plea. For a nolo contendere plea, do not use a generic clause requiring Defendant to admit every fact. Identify the proffer or record the Court will consider: [________________________________].

3.3 Voluntariness

Rule 11(b)(2) requires the Court to address Defendant personally in open court and determine that the plea is voluntary and did not result from force, threats, or promises outside a plea agreement.

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

4. RULE 11 AGREEMENT TYPE AND CHARGE DISPOSITION

Rule 11(c)(1) distinguishes nonbinding recommendations from agreements that become binding when accepted. Identify every applicable type.

4.1 Rule 11(c)(1)(A)—Charges

☐ The Government will not bring the following charge(s): [________________________________].

☐ The Government will move to dismiss the following charge(s): [________________________________].

4.2 Rule 11(c)(1)(B)—Nonbinding Recommendation

☐ The Government will recommend: [________________________________].

☐ The Government will not oppose Defendant's request for: [________________________________].

A Rule 11(c)(1)(B) recommendation or request does not bind the Court. Under Rule 11(c)(3)(B), the Court must advise Defendant that Defendant has no right to withdraw the plea merely because the Court does not follow it.

4.3 Rule 11(c)(1)(C)—Binding Disposition if Accepted

☐ The parties agree that the following specific sentence or range is the appropriate disposition: [________________________________].

A Rule 11(c)(1)(C) term binds the Court only after the Court accepts the plea agreement.

4.4 Other Express Charge Term

☐ Other lawful term: [________________________________].

No charge is dismissed, immunized, or barred from later prosecution unless the agreement expressly states the authorized disposition and it is accepted or implemented as Rule 11 requires.

5. SENTENCING EXPOSURE AND TERMS

5.1 Statutory Exposure

Complete from the offense-specific statute and all applicable sentencing laws. Rule 11(b)(1) requires the Court to advise Defendant of the maximum possible imprisonment, fine, and supervised-release term; any mandatory minimum; and the Court's restitution authority.

This Agreement does not change a statutory minimum, maximum, eligibility rule, or mandatory consequence. Do not insert a federal $100 special assessment unless a statute applicable to the actual D.C. Superior Court charge requires that amount.

5.2 Negotiated Sentencing Terms

Complete consistently with the Rule 11 agreement type selected in Section 4:

☐ Incarceration: [________________________________].

☐ Suspended execution / split sentence: [________________________________].

☐ Probation and special conditions: [________________________________].

☐ Supervised release: [________________________________].

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

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

☐ Forfeiture—property and legal basis: [________________________________].

☐ Concurrent or consecutive structure: [________________________________].

☐ Other authorized term: [________________________________].

6. 2026 D.C. VOLUNTARY SENTENCING GUIDELINES

The 2026 Manual applies to adult felony convictions when the plea or verdict is entered on or after January 1, 2026, unless the Manual provides otherwise. The Manual version in effect on the plea or verdict date applies unless both parties agree to use the version in effect at sentencing.

The D.C. Guidelines are voluntary. They are not the United States Sentencing Guidelines, do not use federal offense levels, and do not incorporate U.S.S.G. §§ 1B1.3, 3E1.1, or 5K1.1.

For a covered felony, complete from the current Manual:

The Manual states that judges are not legally obligated to follow the Guidelines. It also treats every accepted Rule 11(c)(1)(C) agreement as Guidelines compliant and controlling over an otherwise applicable grid range.

☐ The Guidelines do not apply because: [misdemeanor / excluded case / other: ________________________________].

7. DEFENDANT'S RULE 11 UNDERSTANDINGS

Defendant understands that this writing does not replace the Court's personal open-court examination.

Defendant acknowledges, subject to the Court's advisements:

1. The right to plead not guilty or persist in that plea.
2. The right to a jury trial.
3. The right to counsel, including appointed counsel when necessary, at trial and every other stage.
4. The right at trial to confront and cross-examine adverse witnesses.
5. The protection from compelled self-incrimination.
6. The right to testify, present evidence, and compel witnesses.
7. Acceptance of the plea waives those trial rights.
8. The nature of each plea charge.
9. The maximum possible imprisonment, fine, supervised release, and any mandatory minimum.
10. The Court's authority to order restitution.
11. If Defendant gives a statement under oath, the Government may use it in a prosecution for perjury or false statement.

8. IMMIGRATION AND DNA ADVISEMENTS

8.1 Immigration

Rule 11(b)(1)(K) and D.C. Code § 16-713 require an on-record advisement that, if Defendant is not a United States citizen, conviction may result in removal or deportation, exclusion from admission, or denial of naturalization under federal law.

Upon request, § 16-713 requires a reasonable amount of additional time to consider the plea in light of the advisement.

☐ The Court gave the required advisement.

☐ Defendant requested additional time.

8.2 Crime-of-Violence DNA Advisement

If Defendant is pleading to a crime of violence, Rule 11(b)(4) requires the Court to ensure that Defendant received the advisements required by D.C. Code § 22-4132 concerning biological evidence, DNA testing already performed, available independent or initial testing, potential evidentiary value, and the consequences of requesting or waiving testing.

☐ Not applicable.

☐ The § 22-4132 advisements and any testing request or waiver were completed in open court.

9. COOPERATION AND PRESENTENCE CONDITIONS

9.1 Cooperation

☐ No cooperation term.

☐ Defendant agrees to the following specifically described cooperation: [________________________________].

Any cooperation term must state the required acts, timing, truthfulness standard, use restrictions, Government promise, and decision-maker. Do not use federal § 5K1.1 terminology unless federal law actually governs the charge and promised motion.

9.2 Appearance and Release

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

☐ Sentencing date and location: [________________________________].

☐ Other express presentence condition and negotiated consequence: [________________________________].

9.3 No Generic Default Remedies

This template supplies no unilateral “null and void” declaration, automatic reinstatement of dismissed counts, automatic use of Defendant's statements, private seven-day cure period, or prevailing-party attorney-fee remedy.

If a party alleges breach of an express term, that party must seek the factual determination and relief authorized by the agreement and applicable law. The use of pleas, plea discussions, and related statements is governed by Rule 11(e) unless a valid case-specific provision changes the result.

10. COURT CONSIDERATION, REJECTION, AND WITHDRAWAL

10.1 Disclosure and Judicial Participation

Rule 11(c)(1) prohibits the Court from participating in plea discussions. Rule 11(c)(2) requires disclosure in open court when the plea is offered, unless the Court permits in-camera disclosure for good cause.

10.2 Consideration

For Rule 11(c)(1)(A) or (C) terms, the Court may accept, reject, or defer its decision until it reviews the presentence report. For a Rule 11(c)(1)(C) plea to an offense involving a victim, Rule 11(c)(3)(A) requires deferral until the conditions of Rule 32(a) are met.

10.3 Acceptance

If the Court accepts the agreement, Rule 11(c)(4) requires it to tell Defendant that the agreed Rule 11(c)(1)(A) or (C) disposition will be included in the judgment.

10.4 Rejection

If the Court rejects an agreement containing Rule 11(c)(1)(A) or (C) terms, Rule 11(c)(5) requires the Court to inform the parties, personally give Defendant an opportunity to withdraw the plea, and warn that persistence may produce a less favorable disposition.

10.5 Other Withdrawal

Under Rule 11(d), Defendant may withdraw:

• Before acceptance, for any reason or no reason.
• After acceptance but before sentence, if the Court rejects the agreement or Defendant shows a fair and just reason.
• After sentence, to correct manifest injustice.

This Agreement creates no broader automatic withdrawal rule.

10.6 Admissibility and Record

Rule 11(e) governs the inadmissibility and limited exceptions for a withdrawn guilty plea, a nolo contendere plea, protected plea proceedings, and specified plea-discussion statements. This Agreement does not automatically make those materials admissible.

Rule 11(f) requires the plea proceeding to be recorded and, for a guilty or nolo contendere plea, requires the record to include the Rule 11(b) and (c) inquiries and advice.

11. APPELLATE AND POSTCONVICTION REVIEW

This template does not impose a blanket waiver of direct appeal, D.C. Code § 23-110 relief, ineffective-assistance claims, or other postconviction remedies.

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

12. 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.

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 offer my plea voluntarily. I will identify any missing promise, threat, or inducement during the Court's colloquy.

________________________________________
[DEFENDANT FULL LEGAL NAME]
Date: ______________________

DEFENSE COUNSEL

I have reviewed the charges, evidence, defenses, sentencing exposure, rights, immigration and DNA advisements, Guidelines treatment, conditional reservation if any, and complete Agreement with Defendant.

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

ATTORNEY FOR THE GOVERNMENT

The Government 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], Bar No. [____]
[PROSECUTING OFFICE]
Date: ______________________

14. COURT FINDINGS AND ACTION

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

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

☐ The plea is voluntary.

☐ A factual basis exists for the guilty plea.

☐ Required immigration and, if applicable, DNA advisements were completed.

☐ The plea agreement consists of Rule 11(c)(1) type(s): [(A) / (B) / (C)].

☐ The plea and agreement are accepted.

☐ Decision on the Rule 11(c)(1)(A) or (C) terms is deferred for: [________________________________].

☐ The agreement is rejected, and Defendant elects to [WITHDRAW / PERSIST IN] the plea after the Rule 11(c)(5) advisement.

☐ The conditional-plea requirements in Section 2.2 are satisfied.

________________________________________
JUDGE / MAGISTRATE JUDGE
Date: ______________________

SOURCES AND REFERENCES

• District of Columbia Courts, current Superior Court Criminal Rule 1 — https://www.dccourts.gov/sites/default/files/superior-rules/Superior%20Court%20Rules%20of%20Criminal%20Procedure.pdf
• District of Columbia Courts, current Superior Court Criminal Rule 11 — https://www.dccourts.gov/sites/default/files/rules-superior-court/Criminal%20Rule%2011.%20Pleas.pdf
• D.C. Sentencing Commission, 2026 D.C. Voluntary Sentencing Guidelines Manual — https://scdc.dc.gov/sites/default/files/dc/sites/scdc/page_content/attachments/2026%20DC%20Voluntary%20Guidelines%20Manual%20Final%20.pdf
• Council of the District of Columbia, D.C. Code § 16-713 — https://code.dccouncil.gov/us/dc/council/code/sections/16-713
• Council of the District of Columbia, D.C. Code § 22-4132 — https://code.dccouncil.gov/us/dc/council/code/sections/22-4132

Prepared by: [LAW FIRM / ATTORNEY]