PLEA AGREEMENT
State of Louisiana – Criminal District Court for the Parish of [PARISH]
Case No. [CASE NUMBER]
[// GUIDANCE: This template is designed for use in felony or misdemeanor matters in Louisiana state courts. Customize bracketed items and delete guidance prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Plea & Counts
3.2 Factual Basis
3.3 Sentencing Agreement
3.4 Restitution & Financial Terms
3.5 Waivers of Rights - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties. This Plea Agreement (the “Agreement”) is entered into between:
(a) The State of Louisiana, acting through the Office of the District Attorney for the [] Judicial District (the “State”); and
(b) [DEFENDANT FULL LEGAL NAME], DOB [], (“Defendant”).
1.2 Recitals.
A. Defendant was charged by [Bill of Information/Indictment] dated [DATE] with the following counts: [LIST COUNTS & STATUTES].
B. The parties desire to resolve the pending charges through a negotiated plea pursuant to Louisiana Code of Criminal Procedure Articles 556.1 and 559.
C. Consideration for this Agreement includes Defendant’s plea, the State’s sentencing concessions, and mutual waivers set forth herein.
1.3 Effective Date. This Agreement becomes effective on the date it is accepted by the Court (“Effective Date”).
1.4 Jurisdiction. All proceedings shall be conducted in the Criminal District Court for the Parish of [PARISH], State of Louisiana (the “Court”).
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Agreement” – This Plea Agreement, inclusive of all exhibits and schedules.
“Applicable Law” – The Louisiana Constitution, Louisiana Revised Statutes, and Louisiana Code of Criminal Procedure, including but not limited to La. C. Cr. P. arts. 556.1, 559, and 881.2.
“Court” – The Criminal District Court for the Parish of [PARISH], State of Louisiana.
“Defendant” – [DEFENDANT NAME], as identified in Section 1.1(b).
“Plea” – The plea of [Guilty/No Contest (Nolo Contendere)] entered pursuant to Section 3.1.
“Sentencing Hearing” – The hearing at which the Court will impose sentence under Section 3.3.
“Violation” – Any breach of the obligations, covenants, or representations in this Agreement.
[// GUIDANCE: Add additional defined terms if the plea involves cooperation, forfeiture, or special conditions.]
3. OPERATIVE PROVISIONS
3.1 Plea & Counts.
(a) Defendant shall enter a plea of [GUILTY/NO CONTEST] to Count(s) [].
(b) The State shall move to [dismiss/amend] Count(s) [] at sentencing.
(c) The Court’s acceptance of the Plea is a condition precedent to the enforceability of all other provisions.
3.2 Factual Basis.
Defendant stipulates that the State could prove beyond a reasonable doubt the following facts:
[INSERT FACTUAL BASIS].
[// GUIDANCE: Ensure factual basis satisfies La. C. Cr. P. art. 556.1(A)(3).]
3.3 Sentencing Agreement.
(a) Term. The parties jointly recommend, and Defendant agrees to accept, the following sentence (“Agreed Sentence”):
• Incarceration: [] years at hard labor, [suspended/without suspension] as specified below.
• Probation: [] years supervised probation with conditions in Section 3.4.
• Credit for Time Served: As required by law.
(b) Binding Nature. Pursuant to La. C. Cr. P. art. 881.2(A)(2), if the Court imposes the Agreed Sentence, Defendant waives the right to appeal the sentence.
(c) Court Rejection. If the Court rejects the Agreed Sentence, Defendant may withdraw the Plea in accordance with La. C. Cr. P. art. 559.
3.4 Restitution & Financial Terms.
(a) Restitution: Defendant shall pay restitution of $[] to [VICTIM], jointly and severally if applicable, payable as directed by the Court.
(b) Fines & Costs: Defendant shall pay statutory fines of $[], court costs, and a $65 bench warrant fee if imposed.
(c) Payment Schedule: [___].
(d) Failure to Pay: Non-payment constitutes a Violation under Section 6.
3.5 Waivers of Rights. Defendant expressly and knowingly waives:
(a) Trial by jury or judge on all charges resolved herein.
(b) Right to confront and cross-examine witnesses.
(c) Privilege against self-incrimination.
(d) Right to appeal the conviction and, if the sentence is imposed in conformity with Section 3.3, the sentence (La. C. Cr. P. art. 881.2).
(e) Right to seek post-conviction relief under La. C. Cr. P. art. 930.3 except on grounds of ineffective assistance of counsel or newly-discovered evidence.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations. Defendant represents and warrants that:
(a) Voluntariness. The Plea is voluntary, not coerced, and entered after full consultation with counsel.
(b) Competence. Defendant is mentally competent and understands the nature of the charges and consequences of this Plea.
(c) No Undisclosed Promises. No promises, agreements, or inducements exist other than those expressly set forth in this Agreement.
(d) Immigration Consequences. Defendant has been advised that conviction may have immigration consequences (La. C. Cr. P. art. 556.1(E)).
4.2 State’s Representations. The State represents that it will present this Agreement to the Court in good faith and will not prosecute Defendant further for the offenses described in Section 1.2(B), except upon Defendant’s Violation.
4.3 Survival. The representations and warranties in this Section survive entry of judgment and remain enforceable during any term of probation or parole.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Covenants. Defendant shall:
(a) Appear. Appear at all hearings as ordered.
(b) Comply. Abide by all conditions of probation, parole, and any protective orders.
(c) Law-Abiding Conduct. Commit no new criminal offenses.
(d) Cooperate. Provide truthful testimony or information in [ANY DESIGNATED CASES], if applicable.
5.2 State’s Covenants. Upon Defendant’s full performance, the State shall:
(a) Recommend the Agreed Sentence; and
(b) Move to dismiss/amend the counts listed in Section 3.1(b).
6. DEFAULT & REMEDIES
6.1 Events of Default. Each of the following constitutes a Violation:
(a) Failure to appear;
(b) Failure to pay restitution, fines, or costs as ordered;
(c) Commission of a new criminal offense;
(d) Material misrepresentation or concealment of information;
(e) Failure to comply with any probation condition.
6.2 Notice & Opportunity to Cure. The State shall provide written notice of alleged Violation. Defendant shall have [10] days to respond unless the Violation involves a new felony offense or absconding.
6.3 Remedies. Upon a Violation, the State may:
(a) Void this Agreement;
(b) Prosecute dismissed counts;
(c) Seek maximum sentencing exposure permitted by law;
(d) Introduce Defendant’s admissions under this Agreement.
6.4 Attorney Fees. If litigation becomes necessary to enforce this Agreement, the prevailing party may recover reasonable attorney fees and costs to the extent permitted by Applicable Law.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. The parties acknowledge that liability is limited to the Agreed Sentence and court-imposed financial obligations.
7.3 Force Majeure. Not applicable to criminal proceedings.
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, including La. C. Cr. P. arts. 556.1, 559, and 881.2.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the Criminal District Court for the Parish of [PARISH], State of Louisiana.
8.3 Arbitration. Arbitration is not available for criminal matters.
8.4 Injunctive Relief. Not applicable.
8.5 Jury Waiver. By entering the Plea, Defendant waives the right to a jury trial on the charges resolved by this Agreement.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any modification must be in writing, signed by all parties, and approved by the Court. No waiver of a breach shall be deemed a continuing waiver.
9.2 Assignment. Neither party may assign rights or obligations hereunder.
9.3 Successors & Assigns. This Agreement binds the parties and their respective successors.
9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable, provided the essential terms survive.
9.5 Integration. This Agreement constitutes the entire agreement and supersedes all prior negotiations or understandings.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Plea Agreement as of the Effective Date.
A. DEFENDANT
[DEFENDANT NAME]
Date: _______
B. DEFENSE COUNSEL
I certify that I have explained the foregoing to my client and believe the Plea is knowing and voluntary.
[ATTORNEY NAME], Bar No. []
Date: ____
C. STATE OF LOUISIANA
[ASSISTANT DISTRICT ATTORNEY NAME]
For the District Attorney, [PARISH] Parish
Date: _______
D. COURT ACCEPTANCE
The Court, having addressed the Defendant pursuant to La. C. Cr. P. art. 556.1 and finding the Plea to be entered knowingly and voluntarily, hereby ACCEPTS the Plea and ORDERS the Agreed Sentence.
JUDGE [NAME]
Criminal District Court, Parish of [PARISH]
Date: _______
[// GUIDANCE: Attach sentencing guideline worksheet or victim impact statements if required by local rules. Obtain notarization or witnesses only if specifically mandated by the presiding division.]