State Plea Agreement - Kansas

STATE PLEA AGREEMENT

Counsel-use record. K.S.A. 22-3210 requires an open-court plea and, in felony cases, a personal colloquy and verbatim record. This agreement does not replace those proceedings.

1. PLEA SELECTION AND CHARGES

Plea selected: ☐ Guilty ☐ Nolo contendere

K.S.A. 22-3209 treats a guilty plea as an admission of the charge and describes nolo contendere as a declaration that the defendant does not contest the charge. A nolo plea is not an admission usable in another action based on the same act.

2. PROSECUTION PROMISES

The prosecution agrees to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ recommend the disposition below;
• ☐ join / not oppose a departure request described below;
• ☐ make no recommendation as to [________________________________];
• ☐ other: [________________________________].

3. SENTENCING PROPOSAL

The court independently determines the lawful sentence. Any guideline calculation, criminal-history score, departure request, or recommendation must be corrected if the presentence investigation or controlling law differs from the parties' assumption.

4. FACTUAL BASIS

K.S.A. 22-3210(a)(4) requires the court to be satisfied that a factual basis exists.

State's proffer:

[____________________________________________________________]

[____________________________________________________________]

Defense clarification, if any: [________________________________]

5. FELONY COLLOQUY RECORD

For a felony plea, the defendant will personally address:

• ☐ the nature of the charge;
• ☐ the specific sentencing-guidelines level;
• ☐ the maximum penalty;
• ☐ voluntariness;
• ☐ consequences of the selected plea;
• ☐ factual basis;
• ☐ absence of force, threats, or undisclosed promises.

The defendant must personally appear and plead in a felony case, and the plea and entry-of-judgment proceedings must be recorded verbatim.

6. RIGHTS AND CONSEQUENCES REVIEW

Counsel has reviewed:

• ☐ jury-trial rights and the State's burden of proof;
• ☐ confrontation, compulsory-process, and self-incrimination rights;
• ☐ sentencing range, enhancements, and consecutive exposure;
• ☐ immigration consequences;
• ☐ firearm, registration, licensing, benefits, and employment consequences where applicable;
• ☐ effect of K.S.A. 22-3602(a) on a direct appeal after a guilty or nolo plea;
• ☐ collateral-review and illegal-sentence issues that cannot be resolved by a blanket waiver.

Case-specific notes: [________________________________]

7. WITHDRAWAL STANDARDS

K.S.A. 22-3210(d) permits withdrawal before sentence for good cause within the court's discretion. After sentence, the court may set aside the judgment and permit withdrawal to correct manifest injustice, subject to the statute's time provisions.

This agreement does not promise automatic withdrawal merely because the court imposes a sentence different from a recommendation.

8. CONDITIONS BEFORE SENTENCING

• ☐ appear as ordered;
• ☐ participate in the presentence investigation;
• ☐ obey bond conditions;
• ☐ no new-offense condition: [________________________________];
• ☐ cooperation addendum attached;
• ☐ other: [________________________________].

An alleged violation does not automatically establish guilt, waive evidentiary protections, or authorize a sentence. The prosecution may request a lawful remedy, and the defendant may contest the allegation and remedy.

9. COMPLETE TERMS

The parties confirm that all plea promises are written here or in an identified attachment:

Attachment(s): [________________________________]

No term authorizes an illegal sentence, overrides the court's duties under K.S.A. 22-3210, or replaces victim-rights and local procedural requirements.

10. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the selected plea, the prosecution's promises, and the court's independent role.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, factual basis, sentencing exposure, discovery, defenses, and consequences with the defendant.

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

Name / Bar No.: [________________________________]

Prosecutor

The prosecution confirms that this writing accurately states its promises and recommendations.

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

Name / Bar No.: [________________________________]

11. COURT-USE RECORD

• ☐ Plea entered in open court
• ☐ Defendant personally appeared and pleaded
• ☐ Guideline level and maximum penalty addressed
• ☐ Nature and consequences understood
• ☐ Plea voluntary
• ☐ Factual basis found
• ☐ Verbatim felony record made
• ☐ Plea accepted
• ☐ Sentencing deferred
• ☐ Other: [________________________________]

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

Sources and References

• K.S.A. 22-3209 — Effect of pleas
• K.S.A. 22-3210 — Guilty or nolo plea and withdrawal
• K.S.A. 22-3602 — Appeals