State Plea Agreement - Iowa

STATE PLEA AGREEMENT

Counsel-use record. This agreement records negotiated terms. It does not replace the court's plea colloquy, required advisements, factual-basis inquiry, sentencing authority, local forms, or case-specific legal advice.

1. RULE FRAMEWORK AND PLEA

Iowa Rules of Criminal Procedure 2.8 and 2.10 govern guilty pleas and plea bargaining. Iowa's general indictable-offense plea rule does not list a no-contest plea. The court must establish voluntariness, intelligence, and a factual basis and conduct the required advisements.

Plea selected: ☐ Guilty ☐ Conditional guilty plea (written reservation, with court and prosecutor consent)

☐ Counsel verified every offense element, degree, enhancement, mandatory minimum, consecutive-sentence rule, and collateral consequence applicable to the selected plea.

2. COMPLETE NEGOTIATED TERMS

Disclose the terms of any plea agreement on the record when the plea is offered. If the agreement is written, provide it to the court and make it part of the record. All parties must acknowledge the agreement either in writing or in open court on the record. State whether sentencing terms are recommendations or whether the agreement is expressly conditioned on court acceptance under Rule 2.10(3).

State concessions

☐ Dismiss / abandon Count(s): [________________________________]

☐ Amend or reduce Count(s): [________________________________]

☐ Recommend or not oppose: [________________________________]

☐ Agree to a specific sentence or disposition, if legally permitted: [________________________________]

☐ Other lawful concession: [________________________________]

Defendant obligations

☐ Enter the selected plea to the listed charge(s).

☐ Provide a factual-basis statement or acknowledge the prosecution's proffer as permitted by the court.

☐ Appear for the plea, presentence, and sentencing proceedings.

☐ Complete the following pre-sentencing condition only if lawful and expressly approved: [________________________________]

☐ Cooperation term, if any, stated precisely in Attachment A: [________________________________]

No promise, waiver, dismissal, sentencing position, cooperation duty, or condition exists unless stated in this agreement and disclosed as required on the record.

3. SENTENCING POSITION

☐ The parties have identified whether each item is binding, jointly recommended, unopposed, left open, or subject to a presentence report.

☐ The parties have not described a sentence as guaranteed unless current law authorizes a binding agreement and the court accepts it as binding.

4. DEFENDANT ACKNOWLEDGMENTS

The defendant confirms after consultation with counsel:

☐ I understand the nature and elements of each plea charge and the verified sentencing range.

☐ I understand the trial rights and presumption of innocence that the court will address and that the plea waives a trial on the plea charge(s).

☐ I have reviewed discovery, defenses, suppression issues, sentencing exposure, and direct and collateral consequences with counsel.

☐ I understand that immigration consequences require individualized advice and that the court will give the required advisement.

☐ I am entering the plea voluntarily, without force, threats, or undisclosed promises.

☐ I understand the complete agreement, including every obligation I will incur.

☐ I understand that the judge must decide whether to accept the plea or agreement under the governing rule.

☐ Any appeal or post-conviction waiver is separately written in Attachment B and has been specifically explained; none is implied by this form.

5. PERFORMANCE, NONCOMPLIANCE, AND EVIDENCE

If a sentencing agreement is conditioned on court approval and the court rejects it, the defendant must be allowed to withdraw. If the agreement is only a recommendation, Rule 2.8 requires warning that the court is not bound and later nonconcurrence does not itself permit withdrawal.

An alleged failure to perform does not itself authorize unilateral sentencing, reinstatement, use of statements, or vacation of a plea. A party seeking a consequence must request a court ruling under current law and the express on-record terms.

Rule 2.10(4) and Iowa Rule of Evidence 5.410 govern inadmissibility of unsuccessful or withdrawn plea discussions. Do not include an automatic admissions-after-breach clause.

6. COURT ACCEPTANCE PROCESS

The court must address the Rule 2.8 matters, including penalties, trial rights, collateral and immigration consequences, the plea agreement, and motion-in-arrest-of-judgment requirements. A stenographic record is required for any plea colloquy. With court approval, a defendant pleading guilty to a serious or aggravated misdemeanor or nonforcible class D felony may waive the personal colloquy by a written plea meeting Rule 2.8(4).

7. SIGNATURES

By signing, the parties confirm that this writing accurately states the negotiated terms subject to the governing rules and court action.

Defendant: [________________________________] Date: [__/__/____]

Defense counsel: [________________________________] Date: [__/__/____]

Prosecutor: [________________________________] Date: [__/__/____]

Court use only

☐ Plea accepted ☐ Plea rejected ☐ Decision deferred

☐ Agreement accepted as stated ☐ Agreement not accepted as stated

Judge: [________________________________] Date: [__/__/____]

ATTACHMENTS

• Attachment A — Factual Basis and Any Cooperation Terms
• Attachment B — Any Express Conditional-Plea Reservation or Appeal/Post-Conviction Waiver
• Attachment C — Sentencing Worksheet, Restitution Schedule, and Dismissal List
• Attachment D — Required State or Local Plea-Advisory Form

SOURCES AND REFERENCES

• Iowa Legislature, Chapter 2 Rules of Criminal Procedure (Oct. 30, 2026 compilation)