State Plea Agreement - Indiana

STATE PLEA AGREEMENT

Counsel-use record. Indiana Criminal Rule 3.3 supplies the current plea procedure. This writing does not replace the court's personal inquiry, oral felony-rights waiver, factual-basis finding, or local filing requirements.

1. RULE FRAMEWORK AND PLEA

This packet is for an ordinary guilty plea under Indiana Criminal Rule 3.3. It is not a no-contest or innocence-maintaining plea; Rule 3.3(B)(5) states that a defendant may not plead guilty while asserting innocence.

Plea selected: ☐ Guilty

2. NEGOTIATED TERMS

The State agrees to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ accept a plea to the listed count(s);
• ☐ recommend / agree to the disposition below;
• ☐ other: [________________________________].

3. WRITING, FILING, AND COURT EFFECT

• ☐ This felony plea agreement is in writing and will be filed with the court as Rule 3.3(C)(1) requires.
• ☐ The court may take the plea under advisement until sentencing or review of the presentence investigation.
• ☐ If the court accepts the plea agreement, Rule 3.3(C)(2)(b) makes the court bound by its terms.
• ☐ If the court does not accept the agreement, no guilty plea will be treated as accepted under this writing.

Presentence investigation / sentencing date: [________________________________]

4. FACTUAL BASIS

The State's proffer is:

[____________________________________________________________]

[____________________________________________________________]

The defendant does not assert innocence. The court must independently find a factual basis before entering judgment.

5. DEFENDANT'S PERSONAL UNDERSTANDINGS

The defendant will personally address the following with the court:

• ☐ nature of the charges;
• ☐ maximum and minimum sentences, prior-conviction enhancement, and possible consecutive sentences;
• ☐ public and speedy jury trial;
• ☐ confrontation and cross-examination;
• ☐ compulsory process;
• ☐ State's burden to prove guilt beyond a reasonable doubt;
• ☐ privilege against compelled self-incrimination;
• ☐ appeal of the conviction;
• ☐ domestic-violence firearm consequence, if applicable;
• ☐ immigration consequence and requested consultation time, if applicable;
• ☐ voluntariness and absence of force, threats, or undisclosed promises.

A felony defendant must waive the Rule 3.3(B)(1) rights orally. This written checklist is only a preparation and record aid.

6. COUNSEL AND VOLUNTARINESS

The defendant confirms:

• ☐ sufficient time to consult with defense counsel;
• ☐ review of discovery and reasonably available defenses;
• ☐ understanding of each written term;
• ☐ no promise exists outside the disclosed agreement;
• ☐ no force or threat caused the plea;
• ☐ ability to understand and participate at the plea hearing.

Interpreter or accommodation: [________________________________]

7. CONDITIONS BEFORE SENTENCING

• ☐ appear at all proceedings;
• ☐ complete the presentence process;
• ☐ obey release conditions;
• ☐ no new-offense condition: [________________________________];
• ☐ cooperation addendum attached;
• ☐ other: [________________________________].

No alleged violation automatically proves an offense, waives Rule 410, or changes the accepted agreement. Counsel must present any requested remedy through a lawful court procedure.

8. PLEA STATEMENTS AND RULE 410

Indiana Evidence Rule 410 governs withdrawn guilty pleas, nolo contendere pleas, plea offers, and connected statements, subject to the rule's stated exceptions. This agreement does not create a blanket waiver making plea statements admissible after an alleged breach.

9. SIGNATURES

Defendant

I reviewed this agreement with counsel, understand that I may not plead guilty while asserting innocence, and understand that the court must conduct the Rule 3.3 inquiry.

Signature: ______________________________ Date: [__/__/____]

Printed name: [________________________________]

Defense counsel

I reviewed the charges, lawful sentencing exposure, discovery, defenses, plea terms, and case-specific consequences with the defendant.

Signature: ______________________________ Date: [__/__/____]

Name / Attorney No.: [________________________________]

Prosecutor

The State confirms that this writing completely and accurately states its agreement.

Signature: ______________________________ Date: [__/__/____]

Name / Attorney No.: [________________________________]

10. COURT-USE RECORD

• ☐ Defendant advised and questioned under Rule 3.3(B)(1)
• ☐ Rights personally, knowingly, voluntarily, and intelligently waived
• ☐ Counsel status addressed
• ☐ Plea voluntary
• ☐ Factual basis found
• ☐ Written felony agreement filed
• ☐ Agreement accepted; court bound by its terms
• ☐ Plea / agreement taken under advisement
• ☐ Agreement not accepted
• ☐ Judgment entered
• ☐ Other: [________________________________]

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

Sources and References

• Indiana Criminal Rule 3.3
• Indiana Evidence Rule 410
• Indiana Rules of Criminal Procedure