STATE OF MICHIGAN
PLEA AGREEMENT TEMPLATE
[// GUIDANCE: This is a model form for use in Michigan state criminal prosecutions. It is drafted to comply with Michigan Court Rules governing pleas, the Michigan Sentencing Guidelines, and prevailing prosecutorial practices. All bracketed items must be customized for the specific case. Remove all GUIDANCE notes prior to filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Attachments & Schedules
1. DOCUMENT HEADER
1.1 Title and Parties
This Plea Agreement (the “Agreement”) is entered into on [EFFECTIVE DATE] (the “Effective Date”) by and between:
a. The People of the State of Michigan, acting by and through the Office of the Prosecuting Attorney for [COUNTY] (“Prosecution”); and
b. [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], SID [SID NO.], DL/ID [NO.] (“Defendant”).
1.2 Recitals
WHEREAS, the Prosecution has filed [CHARGE(S) & STATUTORY CITATIONS] in the [__th] Judicial Circuit Court for the County of [COUNTY] under Case No. [CASE NO.];
WHEREAS, Defendant desires to enter a voluntary plea of [GUILTY / NOLO CONTENDERE] to the charges (or amended charge(s)) set forth herein;
WHEREAS, the parties wish to resolve this matter without the uncertainty and expense of trial;
NOW, THEREFORE, in consideration of the mutual promises and covenants below, the parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings ascribed below. Any term not defined herein shall have its plain and ordinary meaning under Michigan law.
“Agreed Sentence” – The custodial term, probationary term, fines, costs, restitution, and any ancillary conditions jointly recommended by the parties under Section 3.4.
“Applicable Guidelines Range” – The minimum and maximum sentencing range calculated in accordance with the Michigan Sentencing Guidelines in effect at the time of sentencing.
“Charge(s)” – The offenses identified in Section 3.1 subject to this Agreement.
“Circuit Court” – The [__th] Judicial Circuit Court for the County of [COUNTY], State of Michigan.
“Defendant” – The individual identified in Section 1.1(b).
“Effective Date” – The date first written above or, if different, the date the Agreement is accepted on the record by the Circuit Court.
“Material Breach” – A substantial failure by a party to perform any obligation that defeats the essential purpose of this Agreement.
“Prosecution” – The People of the State of Michigan acting by and through the Office of the Prosecuting Attorney for [COUNTY].
3. OPERATIVE PROVISIONS
3.1 Plea to Charge(s)
Subject to the Court’s acceptance under Michigan Court Rule 6.302, Defendant shall plead [GUILTY / NOLO CONTENDERE] to:
• Count 1: [STATUTORY OFFENSE & CITATION].
• [Additional Counts or Amended Offense(s) – if any]
All remaining charges, if any, shall be [dismissed / remain pending] as set forth in Section 3.5.
3.2 Factual Basis
Defendant agrees to provide a sufficient and truthful factual basis for the plea in open court, admitting every element of the offense(s).
3.3 Rights Waived
By entering this plea, Defendant knowingly and voluntarily waives the following:
a. The right to a jury trial;
b. The right to confront and cross-examine witnesses;
c. The right to remain silent and not incriminate oneself;
d. The right to compel witnesses to testify;
e. The right to appeal the conviction and sentence, except as expressly preserved in Section 3.6.
3.4 Sentencing Agreement
a. Guidelines Calculation – The parties stipulate that the Applicable Guidelines Range is [– months / Level] based on the scoring set forth in Attachment A.
b. Agreed Sentence – The parties jointly recommend:
i. Custody: [__ months/years] [in the Michigan Department of Corrections / in county jail].
ii. Probation: [__ months/years] with conditions in Attachment B.
iii. Restitution: $[AMOUNT] payable to [VICTIM].
iv. Fines & Costs: $[AMOUNT] statutory fines, $[AMOUNT] court costs, and mandatory assessments.
v. Credit for time served: [YES/NO; enumerate days].
[// GUIDANCE: Insert any deviations, e.g., possible departure motions, Cobbs or Killebrew agreements.]
3.5 Charge Disposition
Upon Defendant’s full performance, the Prosecution shall move to [dismiss / nolle prosequi] the following charges: [LIST or “None”].
3.6 Limited Right of Appeal
Defendant may appeal only:
a. A sentence that departs upward from the Agreed Sentence without Defendant’s consent;
b. A denial of Defendant’s pre-sentence motion to withdraw the plea;
c. Jurisdictional defects apparent on the record.
All other appellate rights are knowingly and voluntarily waived.
3.7 Conditions Precedent
This Agreement is contingent upon:
a. Court acceptance of the plea and sentencing recommendation;
b. Defendant’s truthful cooperation at all stages of the proceedings.
3.8 Conditions Subsequent
The Agreement shall be voidable by the Prosecution if Defendant commits a Material Breach prior to sentencing.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant represents and warrants that:
a. Defendant is not under the influence of drugs, alcohol, or medication impairing judgment;
b. Defendant has reviewed this Agreement with counsel and understands its terms;
c. No threats, coercion, or undisclosed promises induced the plea;
d. Defendant is a U.S. citizen [OR: “is not a U.S. citizen and understands potential immigration consequences”].
4.2 Prosecution represents and warrants that:
a. It has authority under Michigan law to enter into this Agreement;
b. No promises inconsistent with this writing have been made to Defendant.
4.3 Survival
The representations and warranties in this Section survive entry of judgment.
5. COVENANTS & RESTRICTIONS
5.1 Defendant Covenants
a. Appear for all court dates and sentencing;
b. Refrain from criminal conduct pending sentencing;
c. Cooperate with the Pre-Sentence Investigation (PSI) and provide accurate information;
d. Execute all necessary documents for restitution determination.
5.2 Prosecution Covenants
a. Support the Agreed Sentence at sentencing;
b. Disclose exculpatory information known to the Prosecution;
c. Abstain from making sentencing arguments inconsistent with Section 3.4.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Defendant’s commission of perjury, failure to appear, or new criminal conduct;
b. Defendant’s material misrepresentation during PSI;
c. Prosecution’s withdrawal of support for the Agreed Sentence absent Defendant’s breach.
6.2 Notice & Cure
Upon alleged default, the non-breaching party shall provide written notice. Defendant shall have [__] days (or until the date of sentencing, whichever occurs first) to cure, if the breach is curable.
6.3 Remedies
a. If Defendant is in default, the Prosecution may:
i. Declare the Agreement null and void;
ii. Reinstate any dismissed charges;
iii. Use Defendant’s statements against him/her in subsequent proceedings.
b. If the Prosecution is in default, Defendant may:
i. Move to enforce specific performance;
ii. Withdraw the plea with the Court’s permission.
6.4 Attorneys’ Fees
The prevailing party in any motion to enforce this Agreement shall be entitled to reasonable attorney fees and costs.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable. No party shall indemnify the other for criminal liability.
7.2 Limitation of Liability
The parties agree that the maximum exposure to Defendant arising out of this matter shall be the Agreed Sentence as set forth in Section 3.4, absent Defendant’s Material Breach.
7.3 Force Majeure
Not applicable to criminal proceedings; however, if court operations are suspended due to a declared emergency, all dates shall be tolled for the duration of the suspension.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the substantive and procedural laws of the State of Michigan, including the Michigan Court Rules.
8.2 Forum Selection
Any dispute arising under or related to this Agreement shall be resolved exclusively in the [__th] Judicial Circuit Court for the County of [COUNTY], or any successor court exercising criminal jurisdiction over this case.
8.3 Arbitration
Arbitration is not available for criminal matters and is expressly disclaimed.
8.4 Jury Waiver
Defendant’s plea constitutes a full waiver of trial by jury for the Charge(s) identified herein.
8.5 Injunctive Relief
Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This writing constitutes the entire agreement between the parties and supersedes all prior oral or written negotiations.
9.2 Amendment & Waiver
No amendment or waiver is valid unless in a writing signed by both parties and accepted by the Court on the record.
9.3 Assignment
Neither party may assign or delegate rights or duties under this Agreement.
9.4 Severability
If any provision is held unenforceable, the remainder shall be enforced to the fullest extent permitted, and the invalid provision reformed to lawful effect.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original and all of which constitute one instrument.
9.6 Successors & Assigns
This Agreement binds and benefits only the parties and their lawful successors in office; it does not create third-party beneficiary rights.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Plea Agreement as of the Effective Date.
| PEOPLE OF THE STATE OF MICHIGAN | DEFENDANT |
| By: _____ | _______ |
| Name: [PROSECUTOR NAME] | Name: [DEFENDANT NAME] |
| Title: Prosecuting Attorney | |
| Date: _________ | Date: _______ |
DEFENSE COUNSEL ACKNOWLEDGMENT
I certify that I have explained the terms and consequences of this Agreement to my client and believe the plea is knowing, voluntary, and intelligent.
Signature: ___ Date: _
Name: [DEFENSE COUNSEL], P-___
JUDICIAL ACCEPTANCE
The above plea is accepted, and the Agreement is hereby incorporated into the record pursuant to MCR 6.302.
_____ Date: _______
Judge [NAME], [__th] Judicial Circuit Court
[// GUIDANCE: Verify local court requirements for notarization or witness signatures; typically not required if all parties sign in open court.]
11. ATTACHMENTS & SCHEDULES
• Attachment A – Sentencing Guidelines Calculation Worksheet
• Attachment B – Probation Terms & Conditions
• Attachment C – Restitution Schedule (if applicable)
[// GUIDANCE: Insert completed SCAO-approved Sentencing Information Report (SIR) as Attachment A, or attach guidelines scoring sheets. Tailor probation conditions to the offense and defendant’s circumstances.]