State Plea Agreement - Delaware

PLEA AGREEMENT

SUPERIOR COURT OF THE STATE OF DELAWARE

Case ID No.: [________________________________]

County: ☐ New Castle ☐ Kent ☐ Sussex

This attorney-use template must be conformed to the current offense statutes, Delaware Superior Court Criminal Rules, SENTAC Benchbook, and forms approved by the Superior Court. Rule 11(g) requires the record to include a completed and executed plea agreement and waiver of rights on court-approved forms. This template is supplemental drafting material and does not replace those forms or the Court's plea colloquy.

1. PARTIES AND CHARGING DOCUMENT

This Agreement is between:

• the State of Delaware, through Deputy Attorney General [________________________________]; and
• [DEFENDANT FULL LEGAL NAME] (the “Defendant”), represented by [DEFENSE COUNSEL].

The operative charging document is the [indictment / information] filed on [__/__/____].

2. PLEA AND DISPOSITION OF COUNTS

2.1 Plea Counts

Defendant agrees to enter the following plea or pleas:

Rule 11(a)(2) states that conditional pleas are “[o]mitted.” Do not use this Agreement to create a federal-style conditional plea reserving an issue for appeal.

Under Rule 11(b), a plea of nolo contendere or guilty without admitting the essential facts requires the Court's consent. The Court considers the views of the parties and the public interest in the effective administration of justice.

2.2 Charge Disposition

Under Rule 11(e)(1)(A), the State agrees to file a dismissal of the following charge or charges:

☐ The State makes no promise concerning any charge not expressly identified above.

☐ Additional authorized charge-disposition term: [________________________________].

3. FACTUAL BASIS AND PLEA RECORD

Rule 11(f) provides that the Court should not enter judgment on a guilty or nolo contendere plea without an inquiry sufficient to establish a factual basis for the judgment.

☐ Defendant agrees that the attached statement accurately describes the factual basis and elements admitted: [________________________________].

☐ For a nolo contendere or guilty-without-admission plea, the State's proffer and other record supporting the judgment are: [________________________________].

☐ The parties will present the factual basis orally in open court.

Exhibits or incorporated materials: [________________________________]

4. SENTENCING RECOMMENDATION—NONBINDING

Rule 11(e)(1)(B) permits the State to recommend a particular sentence or agree not to oppose Defendant's request, but the recommendation or request is not binding on the Court.

Select each applicable term:

☐ The parties jointly recommend: [________________________________].

☐ The State recommends: [________________________________].

☐ The State agrees not to oppose Defendant's request for: [________________________________].

☐ The parties are free to argue sentencing without a joint recommendation.

☐ The State will cap its sentencing request at: [________________________________].

☐ Other nonbinding sentencing term: [________________________________].

The parties acknowledge that Delaware Superior Court Criminal Rule 11 does not provide a federal-style agreement binding the Court to a specific sentence. If the Court does not follow a Rule 11(e)(1)(B) recommendation or request, Rule 11(e)(2) provides that Defendant has no right to withdraw the plea merely on that basis.

5. SENTENCING EXPOSURE AND SENTAC

5.1 Offense-Specific Exposure

Complete this table from the current offense and sentencing statutes applicable on the plea and sentencing dates:

Rule 11(c)(1) requires the Court to advise Defendant of the charge, any mandatory minimum, the maximum possible penalty, the Court's obligation to consider applicable sentencing guidelines, its ability to depart in some circumstances, and possible restitution when applicable.

5.2 SENTAC Analysis

The Delaware sentencing guidelines are voluntary and nonbinding. Use the current SENTAC Benchbook classification and policy applicable to the actual offense rather than a federal offense-level calculation.

☐ No acceptance-of-responsibility reduction is claimed.

☐ Defendant enters a guilty plea with an admission and claims the current Benchbook's acceptance-of-responsibility treatment.

☐ Defendant enters a Robinson/guilty-without-admission or nolo contendere plea; do not apply the Benchbook's acceptance-of-responsibility reduction on the theory that the plea itself qualifies.

Under 11 Del. C. § 4204(n), if the Court imposes a sentence inconsistent with SENTAC's presumptive sentence, the Court must state its reasons on the record.

6. RESTITUTION

Where a victim suffers monetary loss from Defendant's criminal conduct, 11 Del. C. § 4204(c)(9) requires restitution as a special condition in an amount intended, insofar as possible, to make the victim whole. Section 4204(c)(10) permits a Level I—Restitution Only sanction when appropriate or otherwise required by statute.

☐ Restitution is agreed in the amount of $[________________], payable to [________________________________].

☐ Restitution is disputed and will be determined by the Court on this record: [________________________________].

☐ Restitution is not applicable because: [________________________________].

The sentencing order controls payment and enforcement. Under 11 Del. C. § 4106, a person may not be imprisoned merely in default of payment, and the statute provides procedures for work, contempt, and probation-based enforcement subject to its limits.

7. VICTIM NOTIFICATION UNDER 11 DEL. C. § 5106

Complete this section for every Superior Court felony case in which the Department of Justice agrees to accept a guilty plea to less than the original most serious charge indicted or originally filed by information.

☐ Section 5106 is not triggered because: [________________________________].

☐ Before entry of the plea, the prosecutor notified and discussed the plea agreement with the victim.

☐ Notification was not reasonably possible. The steps taken were: [________________________________].

☐ The victim is deceased; notice was provided to known next of kin.

☐ The victim is an organization; notice was provided to a responsible officer.

☐ The victim is a minor; notice was provided to the parent or guardian.

The prosecutor will make the statement required by § 5106(a) on the record. Section 5106(d) provides that a violation of that section is not a basis to set aside Defendant's guilty plea or obtain other relief.

8. DEFENDANT'S RULE 11 UNDERSTANDINGS

Defendant acknowledges that the Court—not this writing—must make the required personal inquiry in open court. Subject to the Court's full advisements, Defendant understands:

1. the nature of each plea charge and the applicable mandatory minimum and maximum penalties;
2. the right to plead not guilty or persist in that plea;
3. the right to trial by jury when applicable;
4. the right to assistance of counsel at trial and, if unrepresented and eligible, appointed counsel;
5. the right to confront and cross-examine adverse witnesses;
6. the right against compelled self-incrimination;
7. that acceptance of a guilty or nolo contendere plea ends the right to a further trial on that charge; and
8. that answers given under oath, on the record, and in counsel's presence may later be used in a prosecution for perjury or false statement as Rule 11 provides.

Defendant further states:

☐ I have reviewed the charging document and this Agreement with counsel.

☐ I understand the elements and consequences explained to me.

☐ I have had enough time to discuss defenses, motions, trial rights, and sentencing exposure with counsel.

☐ I am satisfied with counsel's representation, subject to any statement made on the record.

9. VOLUNTARINESS AND COMPLETE AGREEMENT

Rule 11(d) requires the Court to determine personally in open court that the plea is voluntary and is not the result of force, threats, or promises apart from a plea agreement.

Defendant states that:

1. no person forced or threatened Defendant to enter the plea;
2. no promise or inducement exists outside this Agreement and the terms disclosed to the Court;
3. Defendant is entering the plea voluntarily after consultation with counsel; and
4. no prediction by counsel, the State, or another person is a promise that the Court will impose a particular sentence.

Other disclosed promise or understanding: [________________________________]

10. PLEA DISCUSSIONS AND RELATED STATEMENTS

Rule 11(e)(4) governs the admissibility of withdrawn guilty pleas, nolo contendere pleas, statements in covered plea proceedings, and statements made during plea discussions with the Attorney General. The rule contains fairness and perjury/false-statement exceptions and permits use of a judgment of conviction as provided there.

Nothing in this Agreement expands the State's ability to use a statement beyond Rule 11(e)(4), the Delaware Rules of Evidence, and other applicable law.

☐ Separate cooperation or proffer terms are attached as Exhibit [____] and have been independently reviewed.

☐ No cooperation or proffer term is part of this Agreement.

11. WITHDRAWAL AND COURT ACTION

Defendant understands:

• the Court may accept the plea while declining to follow a sentencing recommendation;
• failure to follow a nonbinding recommendation does not itself permit withdrawal under Rule 11(e)(2);
• before sentencing, Rule 32(d) permits withdrawal upon a showing by Defendant of a fair and just reason; and
• at a later time, relief from the plea is limited to the procedure identified in Rule 32(d).

☐ The parties request immediate sentencing.

☐ The parties request a presentence investigation and later sentencing.

☐ Sentencing position reserved by the State: [________________________________].

☐ Sentencing position reserved by Defendant: [________________________________].

12. COURT-APPROVED FORMS AND ATTACHMENTS

Before the plea hearing, counsel must complete the current forms approved by the Superior Court as required by Rule 11(g).

☐ Court-approved plea agreement form completed and executed.

☐ Court-approved waiver-of-rights form completed and executed.

☐ Statement of factual basis or State's proffer attached.

☐ Sentencing memorandum or recommendation attached.

☐ Restitution documentation attached.

☐ § 5106 victim-notification record prepared, if applicable.

☐ Other: [________________________________].

13. SIGNATURES

Defendant

I have read this Agreement or had it read to me. I have reviewed it with counsel, understand its terms, and confirm that it accurately states the complete plea agreement presented to the Court.

Defendant: _______________________________________

Printed name: [________________________________]

Date: [__/__/____]

Defense Counsel

I have reviewed the charges, plea terms, rights, sentencing exposure, SENTAC treatment, and material consequences with Defendant. To the best of my knowledge, Defendant's decision is knowing and voluntary.

Defense Counsel: _______________________________________

Delaware Bar ID: [________________]

Date: [__/__/____]

State of Delaware

The undersigned prosecutor confirms that this writing states the complete agreement offered by the State and that the prosecutor will make any record required by 11 Del. C. § 5106.

Deputy Attorney General: _______________________________________

Delaware Bar ID: [________________]

Date: [__/__/____]

SOURCES AND REFERENCES

• Delaware Superior Court Rules of Criminal Procedure, 2026 Edition
• Delaware Courts Rules Index
• Delaware Sentencing Accountability Commission and 2025 Benchbook
• 11 Del. C. § 5106
• 11 Del. C. § 4204
• 11 Del. C. § 4106