STATE OF IDAHO
PLEA AGREEMENT
[// GUIDANCE: This template is drafted for use in Idaho state criminal proceedings and is intended to conform to Idaho Criminal Rule 11 and prevailing Idaho sentencing practices. Customize all bracketed placeholders and optional sections before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Plea Entry
3.2 Factual Basis
3.3 Rights & Waivers
3.4 Sentencing Agreement
3.5 Restitution, Costs & Fees
3.6 Dismissal / Amendment of Charges
3.7 Cooperation Obligations (Optional) - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Plea Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE], by and among:
• The State of Idaho, acting by and through the Office of the [COUNTY] County Prosecuting Attorney (“State”); and
• [DEFENDANT LEGAL NAME], DOB [MM/DD/YYYY], Idaho SID [SID #] (“Defendant”).
The parties acknowledge that this Agreement is subject to acceptance by the District Court of the [___] Judicial District, State of Idaho (the “Court”) pursuant to Idaho Criminal Rule 11.
Case No.: [CASE NO.]
Charges: [LIST CURRENT CHARGES & STATUTES]
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings set forth below:
“Agreed Sentence” means the unified sentence set forth in Section 3.4, specifying the fixed (determinate) term and indeterminate term pursuant to Idaho Code Title 19.
“Conditional Plea” means a plea tendered under Idaho Crim. R. 11(a)(2), reserving the right to seek appellate review of specified pre-trial rulings.
“Defendant” has the meaning given in the header.
“Effective Date” has the meaning given in the header.
“Plea” means Defendant’s plea of [GUILTY / ALFORD / NO CONTEST] to the Reduced Charge(s) as described in Section 3.1.
“Reduced Charge(s)” means the amended criminal charge(s) set forth in Section 3.1(b) to which Defendant will plead.
“State” has the meaning given in the header.
[// GUIDANCE: Add, modify, or delete definitions to align with the negotiated terms.]
3. OPERATIVE PROVISIONS
3.1 Plea Entry
a. Defendant shall, at the change-of-plea hearing, waive formal arraignment on the Reduced Charge(s) and enter a Plea of [GUILTY / ALFORD / NO CONTEST].
b. The State agrees to amend the Information to allege only the following Reduced Charge(s):
• [COUNT 1: DESCRIPTION & STATUTE]
• [COUNT 2: …]
c. The State shall move to dismiss all remaining charges at sentencing, subject to Section 6 (Default & Remedies).
3.2 Factual Basis
Defendant stipulates that the following facts are true and correct and sufficient to establish each element of the Reduced Charge(s) beyond a reasonable doubt:
[BRIEF, ELEMENT-BY-ELEMENT FACTUAL STATEMENT.]
3.3 Rights & Waivers
a. Trial Rights. Defendant knowingly and voluntarily waives the constitutional rights to:
1. a speedy and public jury trial;
2. confrontation of witnesses;
3. compulsory process;
4. the privilege against self-incrimination; and
5. proof of guilt beyond a reasonable doubt.
b. Appeal Waiver. Except as provided in subsection (c), Defendant waives the right to appeal or collaterally attack (including via I.C.R. 35 or habeas corpus) any conviction, sentence, or order entered pursuant to this Agreement.
c. Reserved Issues (Optional). The parties agree that Defendant may pursue appellate review solely as to the following preserved issue(s): [DESCRIBE]. This constitutes a Conditional Plea within the meaning of Idaho Crim. R. 11(a)(2).
d. Post-Conviction Rights. Defendant expressly waives the right to seek post-conviction relief under Idaho Code § 19-4901 et seq., except for claims of ineffective assistance of counsel or newly discovered evidence.
3.4 Sentencing Agreement
a. Binding / Non-Binding Nature. This Agreement is [BINDING / NON-BINDING] on the Court pursuant to I.C.R. 11(f)(1)(C).
b. Agreed Sentence. The parties recommend a unified sentence of [] years, comprised of a fixed term of [] years followed by an indeterminate term of [] years.
c. Retained Jurisdiction (Rider). The Court [MAY / SHALL / SHALL NOT] retain jurisdiction under Idaho Code § 19-2601(4).
d. Probation Option. In lieu of incarceration, the Court [MAY / SHALL] place Defendant on supervised probation for [] years, subject to the standard and special conditions in Section 5.
e. Credit for Time Served. Defendant shall receive credit for all time served in custody on this case as verified by the Sheriff.
[// GUIDANCE: If parties intend a Rule 11(e)(1)(A) sentencing “cap,” revise subsections (b)-(d) accordingly.]
3.5 Restitution, Costs & Fees
a. Restitution. Defendant shall pay restitution in the amount of $[] to [VICTIM NAME], pursuant to Idaho Code § 19-5304.
b. Court Costs & Fines. Defendant shall pay the statutorily mandated fine of $[] and court costs.
c. Payment Schedule. All monetary obligations are due immediately unless the Court establishes a payment plan. Non-payment constitutes a probation violation.
3.6 Dismissal / Amendment of Charges
Upon Defendant’s full performance and the Court’s acceptance of the Plea, the State shall dismiss with prejudice the counts identified in Section 3.1(c).
3.7 Cooperation Obligations (Optional)
Defendant agrees to provide truthful testimony and full cooperation in the prosecution of [OTHER DEFENDANTS / RELATED CASE], as further detailed in Schedule A. Failure to perform voids Section 3.6.
4. REPRESENTATIONS & WARRANTIES
4.1 By Defendant
a. Competency. Defendant is competent and fully understands the nature of these proceedings.
b. Voluntariness. The Plea is made freely and voluntarily, without coercion, threats, or promises other than those contained herein.
c. Counsel. Defendant has discussed the case and this Agreement with defense counsel, who has explained Defendant’s rights and the consequences of the Plea.
4.2 By the State
a. Authority. The undersigned prosecutor has full authority to bind the State to this Agreement.
b. Disclosure. The State has provided all material discovery required under Idaho Criminal Rule 16 and Brady v. Maryland obligations.
5. COVENANTS & RESTRICTIONS
5.1 No New Violations. Defendant shall refrain from violating any federal, state, or local laws pending sentencing and, if applicable, during probation or retained jurisdiction.
5.2 Probation Conditions. If placed on probation, Defendant shall comply with all standard Idaho probation conditions and the following special conditions:
• [NO CONTACT ORDER]
• [SUBSTANCE ABUSE TREATMENT]
• [COMMUNITY SERVICE HOURS]
5.3 Notice Obligations. Defendant shall immediately notify defense counsel and the supervising officer of any change of address, employment, or contact information.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute a default:
a. Defendant commits any new criminal offense;
b. Defendant materially misrepresents or withholds information from the Court or the State;
c. Defendant fails to appear at any required court proceeding;
d. Defendant breaches any Cooperation Obligations under Section 3.7.
6.2 State Remedies. Upon default, the State may, at its sole election:
a. Declare this Agreement null and void;
b. Reinstate any dismissed charges;
c. Use Defendant’s admissions herein in any subsequent prosecution.
6.3 Defendant’s Remedies. If the Court rejects any binding provision of this Agreement, Defendant may withdraw the Plea pursuant to Idaho Crim. R. 11(f)(5).
7. DISPUTE RESOLUTION
7.1 Governing Law. This Agreement is governed by the laws of the State of Idaho.
7.2 Forum Selection. The District Court of the [___] Judicial District, State of Idaho, shall have exclusive jurisdiction over all matters arising under or relating to this Agreement.
7.3 Jury Waiver. By entering the Plea, Defendant waives the right to trial by jury.
7.4 Injunctive Relief. Not applicable.
7.5 Arbitration. Not available for criminal proceedings.
8. GENERAL PROVISIONS
8.1 Entire Agreement. This document constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, or agreements, whether oral or written.
8.2 Amendments. Any amendment must be in writing and signed by all parties.
8.3 Severability. If any provision is held unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
8.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted via facsimile or electronic means (e.g., DocuSign) shall be deemed originals pursuant to Idaho Code § 28-50-107.
8.5 Successors & Assigns. This Agreement binds Defendant’s heirs, executors, administrators, and legal representatives.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date.
State of Idaho
By: _____
[NAME], Deputy Prosecuting Attorney
[COUNTY] County Prosecutor’s Office
Date: _________
Defendant
I HAVE READ THIS ENTIRE AGREEMENT OR IT HAS BEEN READ TO ME. I HAVE DISCUSSED IT WITH MY ATTORNEY. I UNDERSTAND AND VOLUNTARILY ACCEPT ITS TERMS.
[DEFENDANT NAME]
Date: _________
Defense Counsel Certification
I certify that I have explained the terms, consequences, and rights involved in this Plea Agreement to my client, and believe that the Plea is knowing, intelligent, and voluntary.
[ATTORNEY NAME], Idaho State Bar No. [__]
Counsel for Defendant
Date: _________
Court Acceptance
The foregoing Plea Agreement is [ ] ACCEPTED [ ] REJECTED
pursuant to Idaho Criminal Rule 11.
Hon. [JUDGE NAME]
District Judge, [] Judicial District
Date: ______
[// GUIDANCE: Attach any exhibits (e.g., cooperation schedules, restitution documentation) as needed. Verify all statutory citations and rule references prior to filing. This template is a starting point; adapt to the facts, negotiated terms, and local practice of the county in which the case is filed.]