State Plea Agreement - Louisiana

STATE PLEA AGREEMENT

Counsel-use record. This agreement records the parties' terms. It does not replace the court's personal Article 556.1 inquiry, disclosure of the agreement, verbatim felony record, or local forms.

1. PLEA TYPE AND CAPITAL-OFFENSE GATE

Plea selected: ☐ Guilty ☐ Nolo contendere

Under Article 552, the court may accept nolo contendere in its discretion only when the charged offense is not capital.

• ☐ No count subject to this plea is a capital offense.
• ☐ Guilty plea selected; the nolo gate is not applicable.
• ☐ Capital or special-proceeding review required; do not use this general form.

2. CHARGES

3. STATE'S PROMISES

The State agrees to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ recommend / agree to the sentence below;
• ☐ not file or pursue [ENHANCEMENT / BILL / OTHER], if lawful;
• ☐ other: [________________________________].

4. SENTENCING AGREEMENT

Article 881.2(A)(2) limits sentence review when the sentence is imposed in conformity with a plea agreement stated in the record. This is not a blanket waiver of every appellate or post-conviction issue.

5. ARTICLE 556.1 FELONY INQUIRY

For a felony plea, the defendant will personally address in open court:

• ☐ nature of the charge;
• ☐ mandatory minimum, if any, and maximum possible penalty;
• ☐ right to counsel and appointed counsel if eligible;
• ☐ right to plead not guilty or persist in that plea;
• ☐ jury trial, counsel at trial, confrontation, and self-incrimination rights;
• ☐ understanding that no further trial occurs after a guilty or nolo plea;
• ☐ voluntariness and absence of force, threats, or promises outside the agreement;
• ☐ whether the plea results from discussions with the district attorney;
• ☐ disclosure of this agreement in open court or, for good cause, in camera;
• ☐ confirmation that defense counsel communicated every State plea offer.

A verbatim record of the felony plea proceeding must be made.

6. CONSEQUENCES REVIEW

Article 556.1 identifies subjects for advice or notice. Counsel and the court should allocate and complete the required advisements:

• ☐ potential deportation for a noncitizen;
• ☐ voting rights;
• ☐ right to bear arms;
• ☐ due-process and equal-protection consequences identified for the case;
• ☐ college admission and financial aid;
• ☐ public housing;
• ☐ employment and licensing;
• ☐ habitual-offender exposure;
• ☐ probation or parole revocation standard;
• ☐ other offense-specific registration, driving, professional, or benefit consequence.

Advice form used / notes: [________________________________]

7. FACTUAL PROFFER OR STIPULATION

State's proffer, if required by the court or local practice:

[____________________________________________________________]

[____________________________________________________________]

Defense response / nolo statement: [________________________________]

Nothing here substitutes for any offense-specific evidentiary showing the court requires.

8. CONDITIONS BEFORE SENTENCING

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

An alleged violation does not automatically become an admissible confession or authorize self-executing punishment. Any remedy must be sought through lawful procedure.

9. WITHDRAWAL AND PLEA EVIDENCE

Article 559 permits the court, on the defendant's motion and after a contradictory hearing that the State may waive in writing, to allow withdrawal of a guilty plea before sentence. It also bars acceptance of a felony guilty plea within forty-eight hours after arrest and provides a thirty-day motion route when such a plea was accepted early.

Article 559(C) directs that admissibility of a withdrawn guilty plea and surrounding facts is governed by Louisiana Code of Evidence Article 410. This agreement creates no blanket waiver of that protection.

10. COMPLETE TERMS

All promises inducing the plea must be disclosed and recorded.

Attachment(s): [________________________________]

No term authorizes an illegal sentence, converts Article 881.2 into a universal waiver, or replaces victim-rights, habitual-offender, registration, or local procedural requirements.

11. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the selected plea, the State's promises, and the court's required inquiry.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, exposure, discovery, defenses, all State offers, plea terms, and case-specific consequences with the defendant.

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

Name / Bar No.: [________________________________]

District attorney

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

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

Name / Bar No.: [________________________________]

12. COURT-USE RECORD

• ☐ Plea type permitted under Article 552
• ☐ Article 556.1 advisements and inquiries completed
• ☐ Agreement disclosed on record / in camera for good cause
• ☐ All State offers communicated
• ☐ Plea voluntary
• ☐ Verbatim felony record made
• ☐ Plea accepted
• ☐ Sentence imposed in conformity with recorded agreement
• ☐ Sentencing deferred
• ☐ Other: [________________________________]

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

Sources and References

• La. Code Crim. Proc. art. 552 — Pleas
• La. Code Crim. Proc. art. 556.1 — Felony plea duties
• La. Code Crim. Proc. art. 559 — Withdrawal
• La. Code Crim. Proc. art. 881.2 — Sentence review