State Plea Agreement - Michigan

STATE PLEA AGREEMENT

Counsel-use record. Use the current SCAO MC 414 form where applicable. This supplemental record does not replace MCR 6.302's personal under-oath inquiry or MCR 6.310's withdrawal procedures.

1. PLEA TYPE

Plea selected: ☐ Guilty ☐ Nolo contendere with court consent

2. CLASSIFY THE PLEA AND SENTENCE TERMS

Select each applicable track:

• ☐ Charge agreement: dismissal or amendment.
• ☐ Sentence agreement: specified term or objectively stated range.
• ☐ Prosecutor sentence recommendation only.
• ☐ Court sentence evaluation / Cobbs term, stated on the record.
• ☐ No sentencing term.

MCR 6.302(C)(1) requires the agreement to be stated on the record or reduced to writing and signed by the parties. A written agreement must be part of the case file.

3. PROSECUTION PROMISES

• ☐ dismiss Count(s) [________________________________] at [PLEA / SENTENCING];
• ☐ amend Count(s) [________________________________] to [________________________________];
• ☐ dismiss / not file habitual-offender notice: [________________________________];
• ☐ recommend / agree to the sentence below;
• ☐ other: [________________________________].

4. SENTENCING TERMS

If the court states a sentence term or range, MCR 6.302(C)(2) requires a numerically quantifiable term or range and requires the court to explain the preliminary nature of any guidelines estimate and whether a changed final range triggers withdrawal rights.

A judge's decision not to follow a prosecutor's sentence recommendation does not by itself entitle the defendant to withdraw the plea. Counsel must distinguish a recommendation from a sentence agreement or court evaluation.

5. UNDERSTANDING, VOLUNTARY, AND ACCURATE PLEA

The defendant will be placed under oath and personally address:

• ☐ name of the offense;
• ☐ maximum sentence, mandatory minimum, and possible consecutive sentencing;
• ☐ mandatory lifetime electronic monitoring, if applicable;
• ☐ jury trial, presumption of innocence, proof beyond a reasonable doubt, confrontation, compulsory process, silence, and testimony rights;
• ☐ appeal consequences of a plea-based conviction;
• ☐ all promises and threats;
• ☐ complete plea agreement and basis on which the court accepts it;
• ☐ voluntariness;
• ☐ factual accuracy required for the selected plea.

Factual basis / nolo reason and supporting evidence:

[____________________________________________________________]

[____________________________________________________________]

6. COURT ACTION ON AGREEMENT

• ☐ Court accepts the agreement on the stated basis.
• ☐ Court rejects the agreement.
• ☐ Court defers action pending the presentence report.
• ☐ Prosecutor recommendation acknowledged as nonbinding.
• ☐ Sentence agreement or court evaluation withdrawal terms stated under MCR 6.310(B).

The court must make the agreement part of the record and determine that the parties agree on every term.

7. POST-PLEA CONDUCT NOTICE

MCR 6.302(E)(2) requires written and on-record advice about the consequences of misconduct between plea acceptance and sentencing. Misconduct can affect withdrawal rights under MCR 6.310(B)(3).

• ☐ failure-to-appear consequence reviewed;
• ☐ bond-condition consequence reviewed;
• ☐ plea or sentence-agreement condition reviewed;
• ☐ other court-order consequence reviewed.

This agreement does not declare misconduct automatically proven. The court must determine the issue under applicable procedure.

8. CONDITIONS AND SPECIAL CONSEQUENCES

• ☐ appear as ordered;
• ☐ complete the presentence process;
• ☐ obey bond conditions;
• ☐ cooperation addendum attached;
• ☐ immigration advice completed;
• ☐ firearm / registration / licensing consequences reviewed;
• ☐ other: [________________________________].

9. COMPLETE TERMS

No off-record promise is part of the agreement. No provision creates a blanket appeal or post-conviction waiver or makes plea statements automatically admissible after alleged misconduct.

Attachment(s): [________________________________]

10. SIGNATURES

Defendant

I reviewed this agreement and the SCAO form with counsel and understand whether each sentence term is an agreement, recommendation, or court evaluation.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, discovery, defenses, guidelines estimate, direct consequences, and withdrawal provisions with the defendant.

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

Name / P No.: [________________________________]

Prosecutor

The prosecution confirms that this writing accurately states its promises, agreements, and recommendations.

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

Name / P No.: [________________________________]

11. COURT-USE RECORD

• ☐ Defendant under oath
• ☐ MCR 6.302(B)-(E) completed
• ☐ Nolo consent given, if applicable
• ☐ Agreement stated / written, signed, and filed
• ☐ All terms confirmed
• ☐ Acceptance basis stated
• ☐ Plea understanding, voluntary, and accurate
• ☐ MCR 6.302(E)(2) misconduct notice given
• ☐ Plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• Michigan Judicial Institute — guilty or nolo plea procedure
• Michigan Judicial Institute — plea negotiation and sentence bargaining
• SCAO Form MC 414 — Plea Agreement / Sentence Agreement