State Plea Agreement - Idaho

STATE PLEA AGREEMENT

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

1. RULE FRAMEWORK AND PLEA

Idaho Criminal Rule 11 governs guilty pleas and plea agreements. The rule does not list a general no-contest plea. Before acceptance, the record must show voluntariness, consequences, trial-right waivers, understanding of the charge, and the nature of any promises or agreement.

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

Classify the bargain under Rule 11(f)(1): dismissal of charges; a nonbinding recommendation or nonopposition; a specific-sentence agreement; or another agreed disposition. The court's acceptance and withdrawal consequences differ by category.

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 any factual proffer requested 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

For a nonbinding recommendation under Rule 11(f)(1)(B), the court must warn that rejection of the recommendation does not create a right to withdraw. For the other listed agreement types, the court may accept, reject, or defer; rejection requires the Rule 11(f)(4) warnings and withdrawal opportunity.

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.

Idaho Rule of Evidence 410 governs pleas, offers, and related statements. Do not include a blanket clause making admissions usable after any alleged breach.

6. COURT ACCEPTANCE PROCESS

The court must complete Rule 11(c) and (d), and if a plea advisory form is used it must be the Supreme Court form. Any appeal or post-conviction waiver must be specifically identified and addressed by the court.

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 — Idaho Supreme Court Plea Advisory Form in Appendix A to the Idaho Criminal Rules, if a plea advisory form is used under Idaho Crim. R. 11(e)

SOURCES AND REFERENCES

• Idaho Supreme Court, Idaho Criminal Rule 11
• Idaho Supreme Court, Idaho Criminal Rules