State Plea Agreement - Maryland

STATE PLEA AGREEMENT

Counsel-use record. Maryland Rules 4-242 and 4-243 distinguish nonbinding sentencing recommendations from court-approved binding agreements. This writing does not replace the personal plea inquiry, victim notice, or local forms.

1. PLEA TYPE

Plea selected: ☐ Guilty ☐ Nolo contendere ☐ Conditional guilty plea

For a conditional guilty plea, identify the written issue reservation and obtain the approvals required by Rule 4-242(d):

Specified adverse ruling: [MOTION / ORDER / DATE / ISSUE]

[____________________________________________________________]

2. CLASSIFY THE RULE 4-243 TERMS

Select each applicable item:

• ☐ charge amendment or dismissal;
• ☐ State sentencing recommendation under Rule 4-243(b);
• ☐ particular sentence, disposition, or judicial action presented for court approval under Rule 4-243(c);
• ☐ State agreement not to oppose [________________________________];
• ☐ other lawful promise: [________________________________].

A State sentencing recommendation under Rule 4-243(b) is not binding on the court. A sentence more severe than that recommendation, but within the lawful maximum, is not by itself a ground to withdraw the plea.

A particular sentence or disposition under Rule 4-243(c) binds the court only if the court approves it.

3. CHARGE DISPOSITION

The State agrees to:

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ decline / not pursue [________________________________], if lawful;
• ☐ other: [________________________________].

4. SENTENCING TERMS

Term status: ☐ State recommendation only ☐ Rule 4-243(c) court-approved agreement requested

If the court rejects a Rule 4-243(c) agreement, the court must advise the defendant as the rule requires and allow withdrawal of the plea. If the defendant persists, the court may accept a guilty plea only under Rule 4-242(c), and a nolo plea only under Rule 4-242(e).

5. VOLUNTARY PLEA AND FACTUAL BASIS

State's factual proffer:

[____________________________________________________________]

[____________________________________________________________]

The defendant will personally confirm:

• ☐ voluntary plea;
• ☐ understanding of the charge and plea terms;
• ☐ trial rights and consequences explained under Rule 4-242;
• ☐ no force, threats, or undisclosed promises;
• ☐ adequate consultation with counsel;
• ☐ factual basis sufficient for the selected plea route;
• ☐ conditional issue reservation understood, if applicable.

6. VICTIM NOTICE AND PARTICIPATION

• ☐ The State's Attorney provided prior notice of the plea terms, if practicable, to each qualifying victim or representative who requested notice.
• ☐ Victim objections or statements were presented or reserved for [DATE].
• ☐ Restitution remains subject to the required notice, proof, and hearing procedure.

7. 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 make plea statements admissible or establish a new offense. Any remedy must be requested under the Maryland Rules and decided by the court.

8. PLEA STATEMENTS

Maryland Rule 5-410 governs withdrawn or unaccepted pleas, nolo pleas, plea proceedings, and plea-discussion statements, subject to its exceptions. No blanket waiver is included here.

9. COMPLETE TERMS

Every plea promise must be disclosed on the record. No term authorizes an illegal sentence, converts a Rule 4-243(b) recommendation into a binding term, or waives a claim that cannot lawfully be waived.

Attachment(s): [________________________________]

10. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the plea type, whether sentencing terms are recommendations or requested binding terms, and the court's role.

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

Printed name: [________________________________]

Defense counsel

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

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

Name / AIS No.: [________________________________]

State's Attorney

The State confirms that this writing accurately states every promise and recommendation.

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

Name / AIS No.: [________________________________]

11. COURT-USE RECORD

• ☐ Rule 4-242 plea inquiry completed
• ☐ Conditional plea approved and issue reserved in writing
• ☐ Rule 4-243(b) recommendation identified as nonbinding
• ☐ Rule 4-243(c) agreement approved; court bound
• ☐ Rule 4-243(c) agreement rejected; withdrawal procedure completed
• ☐ Plea voluntary
• ☐ Factual basis found
• ☐ Victim notice addressed
• ☐ Plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• Maryland Rule 4-242 — Pleas
• Maryland Rule 4-243 — Plea agreements
• Maryland Judiciary — recent rules orders