State Plea Agreement

Ready to Edit

State Plea Agreement - Free Editor

STATE OF DELAWARE

SUPERIOR COURT

PLEA AGREEMENT

[// GUIDANCE: This template is drafted to comply with Delaware Superior Court Criminal Rule 11 and current SENTAC sentencing guidelines. Customize all bracketed placeholders before filing.]

Document Header
Definitions
Operative Provisions
Representations & Warranties
Covenants & Restrictions
Breach; Remedies
Dispute Resolution & Appeal Waiver
General Provisions
Execution Block
Judicial Acceptance

1. DOCUMENT HEADER

This Plea Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and among:

• The State of Delaware, by and through the [COUNTY] County Deputy Attorney General (“State”); and
• [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”).

Recitals

A. Defendant has been charged in Case No. [CASE NUMBER] with the following offense(s):
1. Count 1: [STATUTORY OFFENSE], a [FELONY/MISDEMEANOR] in violation of [11 Del. C. § ___].
2. Count 2: […]

B. The parties desire to resolve the above-captioned matter without trial, subject to Court approval and in accordance with Delaware law and Superior Court Criminal Rule 11 (“Rule 11”).

C. In consideration of the mutual promises herein, and intending to be legally bound, the parties agree as follows.

2. DEFINITIONS

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

“Agreement” – This Plea Agreement, inclusive of all appendices and schedules.
“Court” – The Superior Court of the State of Delaware for [COUNTY] County.
“Defendant” – The individual identified in the Document Header.
“Effective Date” – The date on which Defendant signs this Agreement.
“Guideline Range” – The presumptive sentencing range under the Delaware SENTAC Benchbook applicable to the Offense(s).
“Offense(s)” – The criminal charge(s) to which Defendant will plead pursuant to Section 3.1.
“State” – The State of Delaware, represented by the Office of the Attorney General.

[// GUIDANCE: Add or delete definitions as needed for unique facts (e.g., “Cooperation” if substantial assistance is contemplated).]

3. OPERATIVE PROVISIONS

3.1 Plea

(a) Defendant shall appear before the Court and plead [GUILTY/NOLO CONTENDERE] to:
• Count 1: [STATUTORY OFFENSE].

(b) All remaining counts, if any, shall be [DISMISSED/NOLLE PROSEQUI] by the State at sentencing.

3.2 Factual Basis

Defendant agrees there is a factual basis sufficient for the plea as required by Rule 11(f), which basis shall be placed on the record in open court.

3.3 Rights Waived

By entering this plea, Defendant knowingly, voluntarily, and intelligently waives the following rights:

(a) The right to a speedy and public trial by jury.
(b) The right to confront and cross-examine witnesses.
(c) The right to compel witnesses.
(d) The privilege against self-incrimination.
(e) The right to appeal the conviction and any sentence within the Guideline Range, except as provided in Section 7.2.

3.4 Sentencing Agreement

(a) Sentencing Recommendation. The parties jointly recommend the following:
1. Incarceration: [TERM] (subject to credit for time served).
2. Probation: [TERM & CONDITIONS].
3. Restitution: $[AMOUNT] payable to [VICTIM].
4. Fines/Costs: As mandated by statute.

(b) Binding or Non-Binding. This recommendation is [BINDING/NON-BINDING] on the Court pursuant to Rule 11(c)(1)([A/B/C]).

(c) SENTAC Compliance. Any sentence will be imposed consistent with the applicable Guideline Range unless the Court finds aggravating or mitigating factors and states its rationale on the record.

3.5 Conditions Precedent

This Agreement is contingent on:
1. Defendant’s truthful proffer of facts;
2. Completion of a presentence investigation unless waived; and
3. Court acceptance under Rule 11.

3.6 Consideration

The mutual promises herein and the waiver of trial constitute sufficient consideration. No other inducements, promises, or agreements have been made.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant’s Representations

(a) Competence. Defendant is mentally competent and able to understand these proceedings.
(b) Voluntariness. Defendant’s plea is voluntary and not the result of force, threats, or undisclosed promises.
(c) Counsel. Defendant has consulted with legal counsel, is satisfied with counsel’s advice, and has had all questions answered.
(d) Disclosure. Defendant has disclosed all material information relevant to this matter to counsel.

4.2 State’s Representations

(a) Authority. The undersigned Deputy Attorney General has full authority to enter into this Agreement on behalf of the State.
(b) Completeness. The State has made no undisclosed promises to Defendant.

4.3 Survival

The representations in Sections 4.1 and 4.2 survive entry of judgment.

5. COVENANTS & RESTRICTIONS

5.1 Defendant’s Covenants

(a) Appearance. Defendant shall appear at all scheduled court proceedings.
(b) Law-Abiding Conduct. Defendant shall not commit any federal, state, or local offense before sentencing.
(c) Cooperation. [IF APPLICABLE] Defendant shall cooperate fully with law-enforcement investigations described in Appendix A.

5.2 State’s Covenants

The State shall:
(a) Move to dismiss counts as specified in Section 3.1(b); and
(b) Refrain from prosecuting Defendant for related conduct described in the Statement of Facts.

6. BREACH; REMEDIES

6.1 Events of Breach

The following constitute a breach:
1. Defendant’s failure to appear;
2. Defendant’s material misrepresentation to the Court;
3. Defendant’s commission of a new criminal offense prior to sentencing;
4. Defendant’s violation of Section 5.1(c) cooperation duties (if any).

6.2 State’s Remedies upon Breach

Upon breach, the State may, in its sole discretion:
(a) Declare this Agreement null and void;
(b) Reinstate any dismissed counts;
(c) Introduce Defendant’s statements made pursuant to this Agreement in any prosecution; and
(d) Seek any lawful sentence upon conviction.

6.3 Defendant’s Remedies

If the Court rejects a binding sentence under Rule 11(c)(1)(C), Defendant may elect to withdraw the plea.

6.4 Notice & Cure

Except for failure to appear or commission of a new offense, the State shall provide written notice of breach, and Defendant shall have 7 days to cure.

[// GUIDANCE: Modify cure period as appropriate; many prosecutors will omit cure entirely.]

7. DISPUTE RESOLUTION & APPEAL WAIVER

7.1 Governing Law & Forum

This Agreement and any disputes arising hereunder are governed by Delaware substantive and procedural criminal law. Exclusive venue lies with the Superior Court of the State of Delaware.

7.2 Appeal Waiver

Defendant knowingly waives the right to appeal the conviction and any sentence that is within or below the Guideline Range and otherwise compliant with this Agreement. Defendant retains the right to:

(a) Appeal an illegal sentence;
(b) Seek post-conviction relief based on ineffective assistance of counsel; and
(c) Move for sentence modification under Superior Court Criminal Rule 35(b), if applicable.

7.3 No Arbitration; No Jury Trial

Because this is a criminal matter, arbitration is unavailable, and Defendant has already waived jury trial rights in Section 3.3.

8. GENERAL PROVISIONS

8.1 Entire Agreement

This document constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings.

8.2 Amendments

Any amendment must be in writing, signed by all parties, and approved by the Court.

8.3 Severability

If any provision is held invalid, the remainder of the Agreement shall remain in full force, provided the essential terms still effectuate the parties’ intent.

8.4 Assignment

Neither party may assign rights or delegate duties under this Agreement.

8.5 Counterparts & Electronic Signatures

This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means shall be deemed originals.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

Defendant

[DEFENDANT NAME]

Date: _______

I, the undersigned counsel, certify that I have explained this Agreement to Defendant, reviewed all rights, and believe Defendant’s plea is knowing and voluntary.

[DEFENSE ATTORNEY NAME], Esq.
Bar No. [______]

Date: _______