State Plea Agreement - Massachusetts

STATE PLEA AGREEMENT

Counsel-use record. Massachusetts Rule of Criminal Procedure 12, effective November 1, 2025, controls the plea-agreement tracks below. This writing does not replace the recorded hearing, colloquy, factual-basis proffer, or victim-rights inquiry.

1. PLEA OR ADMISSION

Disposition selected:

• ☐ Guilty plea.
• ☐ Admission to sufficient facts in District Court.
• ☐ Special route / do not use this agreement without separate review.

A nolo contendere plea requires judicial consent but cannot be conditioned on a prosecutor-defendant plea agreement under Rule 12(b)(5). Do not use the negotiated-agreement sections below for a nolo plea.

2. CLASSIFY THE RULE 12 AGREEMENT

Select exactly one:

• ☐ Rule 12(b)(5)(A): a specific disposition, including any probation length, plus at least one prosecutor charge concession.
• ☐ Rule 12(b)(5)(B): another plea agreement, including a recommendation without the combined specific-disposition and charge-concession structure.
• ☐ Rule 12(b)(6): written appellate reservation with the prosecutor's agreement.
• ☐ No plea agreement; this document is only a term sheet and hearing checklist.

Charge concession for a Rule 12(b)(5)(A) agreement:

• ☐ amend [INDICTMENT / COMPLAINT];
• ☐ dismiss, reduce, or partially dismiss Count(s) [________________________________];
• ☐ not seek an indictment for [________________________________];
• ☐ not bring other charge(s): [________________________________].

3. DISPOSITION

For a Rule 12(b)(5)(A) agreement, the judge must accept or reject the agreement before accepting the plea or admission. If accepted, the judge must impose the sentence provided in the agreement. If rejected, either party may withdraw from the agreement and the defendant may withdraw the plea or admission.

For a Rule 12(b)(5)(B) agreement or disposition request, counsel must identify the applicable Rule 12(c) withdrawal ceiling before the plea is accepted:

• ☐ District Court: defendant's request.
• ☐ Superior Court: prosecutor's recommendation.
• ☐ Agreed recommendation: parties' request.

4. APPELLATE RESERVATION, IF ANY

Rule 12(b)(6) requires the prosecutor's written agreement and a precise ruling whose reversal would render the Commonwealth's case nonviable on specified charges.

Reserved ruling(s): [MOTION / ORDER / DATE]

[____________________________________________________________]

Specified charge(s) rendered nonviable if reversed: [________________________________]

• ☐ Prosecutor agrees in writing.
• ☐ Notice of appeal filed within 30 days after acceptance of the reserved plea or admission.
• ☐ Court asked to exercise discretion to accept the reserved plea or admission.

5. FACTUAL BASIS AND VICTIM RIGHTS

Prosecutor's factual-basis presentation:

[____________________________________________________________]

[____________________________________________________________]

• ☐ G.L. c. 258B compliance addressed, if applicable.
• ☐ Eligible victim given an opportunity for an oral or written impact statement before sentence under G.L. c. 258B, § 3(p).
• ☐ Defendant understands that failure to acknowledge every aspect of the proffer does not itself bar acceptance under Rule 12.

6. DEFENDANT'S UNDERSTANDINGS

The defendant will personally address:

• ☐ voluntary and knowing choice;
• ☐ nature and consequences of the plea or admission;
• ☐ jury or jury-waived trial, confrontation, presumption of innocence, proof beyond a reasonable doubt, and self-incrimination rights;
• ☐ maximum sentence and mandatory minimum;
• ☐ subsequent-offense, habitual-offender, sexually-dangerous-person, and registration consequences when applicable;
• ☐ the court's statutory immigration warning given to every defendant before accepting a plea or admission, without requiring disclosure of immigration status;
• ☐ all terms and conditions disclosed on the record;
• ☐ absence of force, threats, or undisclosed promises.

7. CONDITIONS BEFORE SENTENCING

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

No alleged violation creates automatic admissions or changes the accepted disposition without lawful court action.

8. PLEA-DISCUSSION PROTECTION

Rule 12(f) governs withdrawn pleas, admissions, offers, and related statements, including its stated perjury exception. This agreement does not create a broader waiver.

9. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the selected Rule 12 track and the judge's role.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, discovery, defenses, disposition, withdrawal ceiling, and consequences with the defendant.

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

Name / BBO No.: [________________________________]

Prosecutor

The Commonwealth confirms that this writing accurately states every charge concession, recommendation, and agreed disposition.

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

Name / BBO No.: [________________________________]

10. COURT-USE RECORD

• ☐ Agreement disclosed in open court / in camera for good cause
• ☐ Rule 12(b)(5)(A) agreement accepted; specified sentence will be imposed
• ☐ Rule 12(b)(5)(A) agreement rejected; withdrawal options given
• ☐ Rule 12(c) disposition ceiling explained
• ☐ Plea or admission knowing and voluntary
• ☐ Adequate factual basis found
• ☐ Victim-rights inquiry completed
• ☐ Plea or admission accepted
• ☐ Other: [________________________________]

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

Sources and References

• Massachusetts Rule of Criminal Procedure 12
• Massachusetts Rules of Criminal Procedure