ILLINOIS STATE PLEA AGREEMENT

(Template – For Attorney Use and Customization)

[// GUIDANCE: This template is drafted to comply with Illinois Supreme Court Rule 402 (admonishments on pleas of guilty) and common Illinois criminal-practice standards. Customize bracketed terms, remove guidance comments before filing, and confirm local-court formatting preferences.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title.
   ILLINOIS STATE PLEA AGREEMENT (the “Agreement”).

2. Parties.
   a. The People of the State of Illinois (“Prosecution”) acting by and through the Office of the State’s Attorney of [COUNTY] County.
   b. [DEFENDANT FULL LEGAL NAME], DOB [DATE], (“Defendant”).

3. Case Information.
   Circuit Court of Illinois, [___] Judicial Circuit, [COUNTY] County, Case No. [CASE NUMBER].

4. Recitals.
   a. Defendant has been charged by [Information/Indictment] with:
   • Count 1: [OFFENSE] in violation of [STATUTE] (Class [CLASS]).
   • [Additional counts, if any].
   b. The Parties desire to resolve the charges without trial, pursuant to the terms stated herein and subject to court approval.

5. Effective Date & Jurisdiction.
   This Agreement is effective on the later of: (i) the date signed by all Parties, or (ii) the date accepted by the Court (the “Effective Date”). Illinois criminal law governs. Venue lies exclusively in the Circuit Court of [COUNTY] County, Illinois.

II. DEFINITIONS

For ease of reference, the following terms, listed alphabetically, have the meanings set forth below:

“Agreed Sentence” – The sentence identified in Section III.4.
“Agreement” – This Illinois State Plea Agreement, including all exhibits and schedules.
“Charge(s)” – The criminal allegation(s) identified in Section I.4.a.
“Court” – The Circuit Court of [COUNTY] County, Illinois.
“Defendant” – As defined in Section I.2.b.
“Dismissed Charges” – Any charge(s) the Prosecution agrees to dismiss under Section III.3.
“Prosecution” – As defined in Section I.2.a.
“Rule 402 Admonishments” – The advisements required by Ill. Sup. Ct. R. 402.
“Sentencing Range” – Statutory minimum of [MIN SENTENCE RANGE] and maximum of [MAX SENTENCE RANGE], exclusive of any enhancements or consecutive-sentence exposure.

III. OPERATIVE PROVISIONS

1. Plea.
   Subject to the Court’s acceptance, Defendant will:
   • Withdraw any previous plea(s) and plead GUILTY to [SPECIFY COUNT(S)].

2. Consideration.
   The considerations supporting this Agreement include: (i) waiver of Defendant’s constitutional and procedural rights to jury trial, confrontation, compulsory process, and privilege against self-incrimination; (ii) mutual promises herein; and (iii) judicial economy.

3. Dismissal of Remaining Charges.
   Upon Defendant’s full performance and acceptance of the plea, the Prosecution will move to dismiss with prejudice the Dismissed Charges identified in Schedule A.

4. Sentencing Terms.
   a. Agreed Disposition:
   i. Incarceration: [#] years in the Illinois Department of Corrections (“IDOC”) (credit for [___] days previously served).
   ii. Mandatory Supervised Release (“MSR”): [#] years.
   iii. Probation (if applicable): [TERMS].
   iv. Fines/Fees: $[AMOUNT] statutory fine; $[AMOUNT] court costs; restitution of $[AMOUNT] payable to [VICTIM].
   v. Other Conditions: [e.g., drug treatment, community service, firearm surrender].
   b. Concurrency/Consecutivity: [Specify].
   c. Appeal Waiver: See Section III.8.

5. Conditions Precedent.
   This Agreement is contingent upon:
   a. The Court’s acceptance after conducting Rule 402 Admonishments;
   b. Defendant’s truthfulness during allocution; and
   c. Defendant’s continued compliance with bond conditions through sentencing.

6. Performance Deadlines.
   a. Restitution shall be paid in full by [DATE] or as otherwise ordered.
   b. All other financial obligations are due within [#] days of sentencing unless the Court establishes a payment schedule.

7. Collateral Consequences.
   Defendant acknowledges potential collateral consequences, including but not limited to immigration effects, firearm disqualification, and sex-offender registration (if applicable).

8. Appeal Waiver.
   Except as to (i) sentencing in excess of the Agreed Sentence, (ii) jurisdictional defects, or (iii) claims of ineffective assistance of counsel, Defendant knowingly and voluntarily waives the right to appeal the conviction and sentence resulting from this Agreement.

IV. REPRESENTATIONS & WARRANTIES

1. Defendant’s Representations.
   a. Competency: Defendant is mentally competent and fully understands this Agreement.
   b. Voluntariness: The plea is made freely, voluntarily, and without threats or improper promises.
   c. Truthfulness: All statements made to the Court will be truthful.
   d. Counsel: Defendant has consulted with [DEFENSE COUNSEL NAME] and is satisfied with counsel’s advice.

2. Prosecution’s Representations.
   a. Authority: The undersigned Assistant State’s Attorney has authority to bind the Prosecution.
   b. Disclosure: All known exculpatory evidence has been disclosed pursuant to Brady obligations.

3. Survival.
   The representations in this Section survive acceptance of the plea.

V. COVENANTS & RESTRICTIONS

1. Defendant’s Covenants.
   a. Appear at all court dates and comply with all bond and MSR/probation conditions.
   b. Commit no new criminal offenses prior to, and during, the sentence.
   c. Provide truthful testimony if called in related proceedings [IF APPLICABLE].

2. Prosecution’s Covenants.
   a. Refrain from further prosecution of Dismissed Charges.
   b. Recommend the Agreed Sentence at sentencing.

3. Notice & Cure.
   Defendant shall notify defense counsel within 24 hours of any potential violation; the Prosecution may declare a breach after providing 3 days written notice and opportunity to cure when practicable.

VI. DEFAULT & REMEDIES

1. Events of Default.
   a. Defendant’s commission of a new offense.
   b. Failure to appear for sentencing.
   c. Material misrepresentation to the Court.

2. Remedies.
   Upon default, the Prosecution may, at its sole discretion:
   a. Withdraw from this Agreement and reinstate all original charges;
   b. Seek sentencing at the statutory maximum;
   c. Use Defendant’s admissions in any subsequent proceeding.

3. Attorney’s Fees & Costs.
   Each Party bears its own attorney’s fees and costs.

VII. RISK ALLOCATION

1. Indemnification.
   Not applicable in criminal proceedings.

2. Limitation of Liability.
   Defendant’s custodial exposure is limited to the statutory maximum for the pleaded-to offense(s) should this Agreement be revoked.

3. Force Majeure.
   Court closures or other events beyond the Parties’ control shall toll applicable deadlines.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This Agreement is governed by the laws of the State of Illinois.

2. Forum Selection.
   Exclusive jurisdiction and venue lie in the Circuit Court of [COUNTY] County, Illinois.

3. Arbitration.
   Arbitration is not available in criminal matters.

4. Jury Waiver.
   By entering this plea, Defendant irrevocably waives the right to a jury trial on the Charge(s).

5. Injunctive Relief.
   Not applicable.

IX. GENERAL PROVISIONS

1. Entire Agreement.
   This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions.

2. Amendments.
   Any modification must be in writing, signed by all Parties, and approved by the Court.

3. Severability.
   If any provision is held invalid, the remaining provisions remain enforceable.

4. Assignment.
   Neither Party may assign rights or obligations under this Agreement.

5. Counterparts; Electronic Signatures.
   This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

Defendant

[DEFENDANT NAME]
Date: _____

Defense Counsel

I certify that I have explained to Defendant the rights waived and the consequences of this plea.

[DEFENSE COUNSEL NAME], Attorney for Defendant
ARDC No.: __
Date: __

State’s Attorney

[NAME], Assistant State’s Attorney
Office of the State’s Attorney, [COUNTY] County
Date: _____

Judicial Acceptance

The Court, having addressed Defendant in open court and determined that the plea is knowing and voluntary pursuant to Ill. Sup. Ct. R. 402, hereby ACCEPTS the plea and imposes the Agreed Sentence set forth above.

Judge of the Circuit Court of [COUNTY] County
Date: _____

Schedule A – Charges to be Dismissed

[Insert list or “None.”]

[// GUIDANCE: Attach additional schedules (e.g., restitution ledger) as necessary. Confirm local-court requirements for notarization or specific plea-of-guilty forms and file in compliance with Illinois Supreme Court electronic-filing standards.]