State Plea Agreement - Kentucky

STATE PLEA AGREEMENT

Counsel-use record. Kentucky RCr 8.08–8.10 govern the plea types, conditional pleas, acceptance, rejection, and withdrawal addressed here. This writing does not replace the court's voluntariness inquiry or local plea forms.

1. PLEA TYPE

Kentucky RCr 8.08 lists not guilty, guilty, and guilty but mentally ill. This general agreement is for a guilty plea and does not offer a no-contest selection.

Plea selected: ☐ Guilty

Conditional status:

• ☐ Unconditional guilty plea.
• ☐ Conditional guilty plea under RCr 8.09, with court approval and the written issue reservation below.

Specified adverse ruling reserved for appellate review:
[MOTION / ORDER DATE / PRECISE ISSUE]

[____________________________________________________________]

2. CHARGES

3. COMMONWEALTH'S PROMISES

The Commonwealth agrees to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ recommend the sentence stated below;
• ☐ not oppose [________________________________];
• ☐ other: [________________________________].

4. SENTENCING TERMS

The court may defer accepting or rejecting the plea agreement until it has considered the presentence report.

5. COURT ACCEPTANCE OR REJECTION

• ☐ The parties request acceptance of the plea and agreement.
• ☐ The court has deferred its decision until [DATE / EVENT].
• ☐ The court has accepted the agreement.
• ☐ The court has rejected the agreement.

If the court rejects the agreement, RCr 8.10 requires the court to state that fact on the record, advise the defendant that the court is not bound, permit withdrawal, and warn that persisting in the guilty plea may produce a less favorable disposition.

6. VOLUNTARINESS AND UNDERSTANDING

The defendant will personally confirm:

• ☐ understanding of the nature of each charge;
• ☐ voluntary choice to plead guilty;
• ☐ no force, threat, or undisclosed promise;
• ☐ adequate consultation with defense counsel;
• ☐ understanding of lawful sentencing exposure;
• ☐ understanding of the written conditional-plea reservation, if selected;
• ☐ understanding that local and offense-specific advisements remain required.

7. FACTUAL-BASIS RECORD

Commonwealth's proffer:

[____________________________________________________________]

[____________________________________________________________]

Defendant's statement or counsel stipulation, if used and lawful:

[____________________________________________________________]

The court must make the findings required by current Kentucky law and local practice; this form does not predetermine those findings.

8. RIGHTS AND CONSEQUENCES REVIEW

Counsel has reviewed:

• ☐ jury trial and proof beyond a reasonable doubt;
• ☐ confrontation and compulsory process;
• ☐ privilege against self-incrimination;
• ☐ appeal consequences of an unconditional or conditional plea;
• ☐ immigration consequences;
• ☐ firearm, registration, licensing, voting, benefits, and employment consequences where applicable;
• ☐ post-conviction rights and claims that require separate advice.

Case-specific notes: [________________________________]

9. CONDITIONS BEFORE JUDGMENT

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

RCr 8.10 permits the court, before judgment, to allow withdrawal of a guilty plea. This agreement does not create automatic admissions, self-executing punishment, or an extra-statutory forfeiture of withdrawal rights.

10. COMPLETE AGREEMENT

All plea promises and issue reservations must appear here or in an identified attachment.

Attachment(s): [________________________________]

No term authorizes an unlawful sentence, binds the court contrary to RCr 8.10, or waives a right that cannot lawfully be waived.

11. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the plea type, the Commonwealth's promises, and the court's role.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, discovery, defenses, sentencing exposure, plea consequences, and any RCr 8.09 reservation with the defendant.

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

Name / Bar No.: [________________________________]

Prosecutor

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

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

Name / Bar No.: [________________________________]

12. COURT-USE RECORD

• ☐ Plea voluntary and charge understood
• ☐ Conditional reservation approved and written
• ☐ Agreement accepted
• ☐ Decision deferred
• ☐ Agreement rejected; RCr 8.10 warnings given
• ☐ Defendant withdrew plea
• ☐ Defendant persisted after warning
• ☐ Judgment entered
• ☐ Other: [________________________________]

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

Sources and References

• Kentucky RCr 8.08 — Pleas
• Kentucky RCr 8.09 — Conditional plea
• Kentucky RCr 8.10 — Withdrawal and rejection
• Kentucky Court of Justice