STATE OF MARYLAND
PLEA AGREEMENT
[Court Caption to be inserted]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
This Plea Agreement (the “Agreement”) is entered into by and between:
(a) The State of Maryland, acting through the Office of the State’s Attorney for [COUNTY] (the “State”); and
(b) [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (the “Defendant”).
1.2 Effective Date.
This Agreement becomes effective on the date the Court accepts the plea pursuant to Md. Rule 4-243.
1.3 Jurisdiction.
This matter is governed exclusively by Maryland criminal law and the Maryland Rules (collectively, “Maryland Law”). The forum of competent jurisdiction is the [Circuit/District] Court for [COUNTY], Maryland (the “Court”).
1.4 Recitals.
A. The Defendant is charged in Case No. [CASE NUMBER] with the offenses listed in Exhibit A (the “Charges”).
B. The Parties desire to resolve the Charges without trial through a negotiated disposition consistent with Md. Rule 4-243.
C. In consideration of the mutual promises herein and the Defendant’s waiver of constitutional and procedural rights, the Parties agree as follows.
2. DEFINITIONS
For ease of reference, the following terms (whether singular or plural) have the meanings set forth below and are capitalized throughout this Agreement.
“Agreement” – this Plea Agreement, including all Exhibits and Schedules.
“Court” – the [Circuit/District] Court for [COUNTY], Maryland.
“Defendant” – [DEFENDANT NAME].
“Guidelines” – the latest Maryland Sentencing Guidelines applicable to the Charges.
“Plea” – the Defendant’s plea of [GUILTY/NOLO CONTENDERE] to the Charge(s) specified in Section 3.1.
“State” – the State of Maryland, by and through the Office of the State’s Attorney for [COUNTY].
[// GUIDANCE: Add additional defined terms (e.g., “Restitution”) as needed for the specific case.]
3. OPERATIVE PROVISIONS
3.1 Plea.
The Defendant shall enter a Plea of [GUILTY/NOLO CONTENDERE] to:
(a) Count [__] – [STATUTE & OFFENSE NAME]; and
(b) Any lesser-included offenses expressly listed in Exhibit B.
3.2 Dismissal of Remaining Counts.
Upon the Court’s acceptance of the Plea and Defendant’s satisfaction of all obligations herein, the State will move to dismiss any Charges not covered by Section 3.1.
3.3 Agreed Sentence.
(a) In accordance with Md. Rule 4-243(c)(1)(C), the Parties jointly recommend the following sentence (the “Agreed Sentence”):
i. Incarceration: [TERM OR RANGE];
ii. Probation: [TERM] with special conditions set forth in Exhibit C;
iii. Restitution: $[AMOUNT] payable per the schedule in Exhibit D;
iv. Credit for Time Served: [YES/NO] – [DAYS].
(b) The Agreed Sentence falls within / departs from the Guidelines as indicated in Exhibit E (Sentencing Guidelines Worksheet).
3.4 Waiver of Rights.
Upon the Court’s acceptance of this Agreement, the Defendant knowingly, voluntarily, and intelligently waives:
(a) The right to trial by jury or by the Court;
(b) The rights of confrontation, cross-examination, and compulsory process;
(c) The privilege against self-incrimination;
(d) Except as to (i) jurisdictional defects, (ii) the voluntariness of the Plea, or (iii) ineffective assistance of counsel, the right to direct appeal and post-conviction relief.
3.5 Conditions Precedent.
This Agreement is conditioned upon:
(a) The Defendant’s continued compliance with Section 5 (Covenants); and
(b) The Court’s acceptance of the Plea and the Agreed Sentence under Md. Rule 4-243(c).
3.6 Withdrawal of Plea.
If the Court rejects the Agreed Sentence, the Defendant may withdraw the Plea pursuant to Md. Rule 4-243(c)(5), and this Agreement shall be null and void.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations.
The Defendant represents and warrants that:
(a) Competence. The Defendant is mentally competent and not under the influence of any substance impairing judgment.
(b) Voluntariness. The Plea is voluntary and not the product of force, threats, or improper promises.
(c) Full Disclosure. All information provided to defense counsel and the State is complete and truthful.
4.2 State’s Representations.
The State represents and warrants that:
(a) Authority. The undersigned prosecutor has full authority under Md. Rule 4-243 to bind the State to this Agreement.
(b) Factual Basis. The State possesses a sufficient factual basis to support the Plea.
4.3 Survival.
The representations in this Article 4 survive entry of judgment and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Defendant.
(a) Court Appearances. Defendant shall appear for all court-ordered dates.
(b) Cooperation. Defendant shall provide truthful testimony or information in [RELATED CASE] as detailed in Exhibit F.
(c) Compliance. Defendant shall comply with all conditions of pre-trial release and any probation imposed.
5.2 Negative Covenants of Defendant.
The Defendant shall not:
(a) Violate any federal, state, or local law;
(b) Contact or harass any victims or witnesses in the case;
(c) Possess firearms or other prohibited weapons.
5.3 Notice Obligations.
The Defendant must notify the State and the Court of any change in address within 48 hours.
6. DEFAULT & REMEDIES
6.1 Events of Default.
Any of the following constitutes a default (“Default”):
(a) Failure to appear for plea or sentencing;
(b) Provision of materially false information;
(c) Commission of a new offense prior to sentencing;
(d) Violation of any covenant in Section 5.
6.2 State Remedies.
Upon Default, the State may, at its sole election:
(a) Withdraw from this Agreement;
(b) Seek to vacate the Plea and reinstate all Charges;
(c) Recommend the statutory maximum sentence for the Charges;
(d) Use any statements made by the Defendant pursuant to Md. Rule 4-243(e).
6.3 Notice and Cure.
Except for Defaults under 6.1(a) or 6.1(c), the State shall give written notice to defense counsel. The Defendant shall have 5 court days to cure where cure is possible.
6.4 Attorneys’ Fees.
If litigation arises from an alleged Default, the prevailing Party may recover reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification.
Not applicable.
7.2 Limitation of Liability.
The Defendant’s exposure is limited to the Agreed Sentence (and any lawful sentence upon Default). The State is not liable for consequential or incidental damages arising from this Agreement.
7.3 Force Majeure.
Not applicable to the obligations hereunder.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement is governed by Maryland Law.
8.2 Forum Selection.
The Parties submit to the exclusive jurisdiction of the Court.
8.3 Arbitration.
Arbitration is expressly unavailable.
8.4 Jury Waiver.
The Defendant’s Plea constitutes a complete waiver of trial by jury.
8.5 Injunctive Relief.
Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement.
This Agreement, including all Exhibits, constitutes the entire agreement and supersedes all prior negotiations.
9.2 Amendments.
No amendment is effective unless in writing and signed by the State, the Defendant, and defense counsel, and approved by the Court.
9.3 Assignment.
Neither Party may assign rights or delegate duties under this Agreement.
9.4 Severability.
If any provision is held unlawful, the remaining provisions remain enforceable.
9.5 Counterparts & Electronic Signatures.
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or by facsimile are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Agreement as of the dates set forth below.
State of Maryland
By: _____
[NAME], Assistant State’s Attorney
Office of the State’s Attorney for [COUNTY]
Date: _________
Defendant
[DEFENDANT NAME]
Date: _________
Defense Counsel Certification
I, ______, counsel for the Defendant, certify that I have explained the contents and legal consequences of this Agreement to the Defendant, who appears to understand them and to enter the Plea knowingly, voluntarily, and intelligently.
Signature: _____
Date: _________
Judicial Acceptance
The Court, having found the Plea to be knowingly and voluntarily made with an adequate factual basis, and being satisfied that the Agreed Sentence is appropriate, hereby ACCEPTS the Plea Agreement under Md. Rule 4-243.
Judge of the [Circuit/District] Court
for [COUNTY], Maryland
Date: _________
EXHIBITS
Exhibit A – Statement of Charges
Exhibit B – Lesser-Included Offenses (if any)
Exhibit C – Probation Conditions
Exhibit D – Restitution Schedule
Exhibit E – Sentencing Guidelines Worksheet
Exhibit F – Cooperation Agreement (if applicable)
[// GUIDANCE: Attach only those Exhibits relevant to the specific case. Delete unused placeholders before filing.]