STATE OF KANSAS
DISTRICT COURT OF [COUNTY] COUNTY
CRIMINAL DEPARTMENT
PLEA AGREEMENT
[// GUIDANCE: Insert the official case caption above this line in accordance with local court rules (e.g., State of Kansas v. [Defendant]).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
(a) The State: The State of Kansas, by and through the duly elected [County/District] Attorney of [County] County (“State”).
(b) The Defendant: [FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”).
(c) Defense Counsel: [Counsel Name], Bar No. [#####], (“Defense Counsel”).
(d) Collectively, the State and Defendant may be referred to as the “Parties,” and individually as a “Party.”
1.2 Recitals.
WHEREAS, Defendant is charged in Case No. [CASE NUMBER] with the following criminal offense(s):
• Count 1: [STATUTORY OFFENSE] (Severity Level [ ], Person/Non-Person Felony/Misdemeanor);
• [Add additional counts as needed];
WHEREAS, the Parties wish to resolve all pending charges by way of a negotiated plea pursuant to Kansas law and Rule [###] of the Kansas Supreme Court Rules; and
WHEREAS, the Parties enter this Plea Agreement (“Agreement”) in consideration of the mutual promises, covenants, and conditions stated herein;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows:
1.3 Effective Date. This Agreement shall become effective on the date it is accepted by the Court (the “Effective Date”).
1.4 Jurisdiction. This Agreement is governed exclusively by the criminal laws of the State of Kansas and shall be enforced in the District Court of [County] County, Kansas (the “Court”).
2. DEFINITIONS
For purposes of this Agreement the following terms shall have the meanings set forth below:
“Agreed Sentence” means the sentence, or sentencing recommendation, described in Section 3.3.
“Appeal Waiver” has the meaning given in Section 3.5.
“Breach” means any material failure by Defendant to comply with Sections 4 or 5 prior to final disposition.
“Cooperation Obligations” has the meaning given in Section 5.3.
“Court” has the meaning given in Section 1.4.
“Criminal History Score” means Defendant’s criminal history classification as determined under the Kansas Sentencing Guidelines Act (“KSGA”).
“Effective Date” has the meaning given in Section 1.3.
“Plea” means Defendant’s plea of [GUILTY / NO CONTEST] to the count(s) identified in Section 3.1.
[// GUIDANCE: Add or delete defined terms to suit the particular case.]
3. OPERATIVE PROVISIONS
3.1 Plea. Defendant shall enter a voluntary, knowing, and intelligent Plea of [GUILTY / NO CONTEST] to:
(a) Count [ ], as charged above;
(b) [Insert amendments, lesser-included offenses, or dismissed counts, if any].
3.2 Dismissal of Remaining Counts. Upon the Court’s acceptance of the Plea and satisfaction of all conditions precedent, the State shall move to dismiss with prejudice the following counts: [LIST] (if none, state “N/A”).
3.3 Sentencing & Guidelines Acknowledgment.
(a) The Parties acknowledge that Defendant’s Criminal History Score is presently believed to be [ presumptive score ] based on the information available as of the Effective Date.
(b) Agreed Sentence. Subject to Court approval and the presentence investigation (“PSI”) report, the Parties agree to recommend:
(i) Incarceration for [NUMBER] months on Count [ ];
(ii) [Probation duration / community corrections];
(iii) Restitution in the amount of $[ ]; and
(iv) Statutory fines and fees as assessed by the Court.
(c) Departure. If the agreed sentence departs from the presumptive sentence under the KSGA, the Parties stipulate that substantial and compelling reasons exist, including: [INSERT FACTUAL BASIS].
3.4 Factual Basis. Defendant agrees that a factual basis sufficient to support the Plea exists and that the Court may rely on (i) the probable cause affidavit, (ii) testimony at preliminary hearing, and (iii) Defendant’s own admissions.
3.5 Appeal Waiver. Except as expressly provided below, Defendant knowingly and voluntarily waives the right to:
(a) Direct appeal of the conviction and sentence;
(b) Collateral attack under K.S.A. 60-1507; and
(c) Any other post-conviction relief.
Exceptions: (i) ineffective assistance of counsel; (ii) criminal history mis-classification; (iii) illegal sentence as defined by law.
3.6 Conditions Precedent. This Agreement is contingent upon:
(a) Court acceptance of the Plea after full Rule 22-3210 colloquy;
(b) Completion and Court acceptance of the PSI report; and
(c) Defendant’s continued compliance with Section 5.
4. REPRESENTATIONS & WARRANTIES
4.1 Mutual Representations.
(a) Authority. Each Party represents that it has full authority to enter this Agreement.
(b) Voluntariness. Defendant represents that no threats or promises other than those contained herein have been made to induce the Plea.
(c) Competency. Defendant affirms mental competency and the ability to understand these proceedings.
4.2 Survival. All representations and warranties survive acceptance of the Plea and entry of judgment.
5. COVENANTS & RESTRICTIONS
5.1 Appearance & Cooperation. Defendant shall appear for all court dates and comply with all bond conditions until sentencing.
5.2 Law-Abiding Conduct. Defendant shall commit no new violations of law between the Effective Date and completion of sentence.
5.3 Cooperation Obligations. If applicable, Defendant agrees to:
(a) Provide truthful testimony in related proceedings;
(b) Submit to debriefings with law enforcement;
(c) Execute all necessary releases.
[// GUIDANCE: Delete Section 5.3 if there is no cooperation requirement.]
5.4 Notice of Violation. Defense Counsel shall notify the State within 24 hours of any known potential Breach.
5.5 Cure. The Court may grant a reasonable opportunity to cure any technical, non-material violation before finding Breach.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any of the following constitutes a Breach:
(a) Failure to appear as required;
(b) Commission of a new crime;
(c) Material false statement to the Court or the State;
(d) Violation of Section 5.3 (Cooperation Obligations).
6.2 State’s Remedies. Upon Breach, the State may, at its sole election:
(a) Withdraw from this Agreement and reinstate all original charges;
(b) Recommend any lawful sentence within the statutory range;
(c) Use Defendant’s statements in any subsequent proceeding.
6.3 Defendant’s Remedies. If the State materially breaches, Defendant may (i) seek specific performance, or (ii) withdraw the Plea.
6.4 Attorney Fees & Costs. Each Party shall bear its own attorney fees unless otherwise ordered by the Court for frivolous litigation or bad faith.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. The Parties acknowledge that the entire measure of Defendant’s criminal liability and exposure is capped by the Agreed Sentence as approved by the Court.
7.3 Force Majeure. Not applicable to criminal proceedings.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement shall be governed by and construed under the substantive criminal law of the State of Kansas.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the District Court of [County] County, Kansas.
8.3 Arbitration. The Parties agree that arbitration is not available for criminal matters.
8.4 Jury Waiver. By entering the Plea, Defendant expressly waives the constitutional right to a jury trial on the charged offenses.
8.5 Injunctive Relief. Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This document contains the complete agreement of the Parties and supersedes all prior negotiations.
9.2 Amendments & Waivers. Any amendment must be in writing, signed by all Parties, and approved by the Court. No waiver is effective unless in writing.
9.3 Assignment. Neither Party may assign rights or duties under this Agreement.
9.4 Severability. If any provision is held invalid, the remaining provisions shall remain in full force to the extent feasible.
9.5 Headings. Headings are for convenience only and do not affect interpretation.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in multiple counterparts, including electronically, each of which constitutes an original.
10. EXECUTION BLOCK
Executed and agreed to on the dates set forth below.
THE STATE OF KANSAS
By: ______
Name: [County/District Attorney Name]
Title: [County/District] Attorney
Date: __
DEFENDANT
I have read this Agreement (or had it read to me), understand each provision, and enter into it voluntarily.
Signature: _____
Name: [Defendant]
Date: ____
DEFENSE COUNSEL
I have explained this Agreement to Defendant, reviewed its accuracy, and believe Defendant is competent and entering the Plea knowingly and voluntarily.
Signature: _____
Name: [Defense Counsel]
Date: ____
APPROVED AND SO ORDERED
The Court finds the Plea and this Agreement to be knowingly and voluntarily entered, and therefore ACCEPTS the Plea and adopts the Agreement.
Judge of the District Court
Division [ ] – [County] County, Kansas
Date: ____
[// GUIDANCE: Include a Notary block only if local practice or judge requires notarization. Typically, criminal plea agreements are signed in open court without notarization.]
END OF DOCUMENT