State Plea Agreement - Missouri

STATE PLEA AGREEMENT

Counsel-use record. Missouri Supreme Court Rule 24.02 governs guilty pleas and plea agreements. Missouri's rule does not provide a nolo contendere plea. This writing does not replace the personal open-court inquiry or factual-basis finding.

1. GUILTY PLEA

Plea selected: ☐ Guilty

2. CLASSIFY THE RULE 24.02(d)(1) TERMS

Select each applicable term:

• ☐ (A) Charge term: dismiss other charge(s).
• ☐ (B) Nonbinding recommendation: recommend, or not oppose, a requested disposition.
• ☐ (C) Specific sentence: agree that a stated sentence is appropriate.
• ☐ (D) Other disposition: recommend or agree on another lawful disposition.

The court must not participate in negotiations before an agreement is reached. After agreement, it may discuss the agreement with counsel, including an acceptable alternative.

3. CHARGE DISPOSITION

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

4. SENTENCING TERMS

Term status: ☐ Rule 24.02(d)(1)(B) recommendation only ☐ Rule 24.02(d)(1)(C) specific sentence ☐ Other

A Rule 24.02(d)(1)(B) recommendation is not binding, and the court must advise that the plea cannot be withdrawn merely because the recommendation is not adopted. If the court rejects an agreement under (A), (C), or (D), the defendant must be offered the rule's withdrawal procedure.

5. DEFENDANT'S UNDERSTANDINGS

The defendant will personally address:

• ☐ nature of each charge;
• ☐ maximum and mandatory-minimum punishment;
• ☐ counsel rights;
• ☐ right to plead not guilty and persist in that plea;
• ☐ jury trial, confrontation, and self-incrimination rights;
• ☐ waiver of trial upon acceptance of the guilty plea;
• ☐ voluntariness and absence of force, threats, or undisclosed promises;
• ☐ complete plea agreement and the court's role.

6. FACTUAL BASIS

Prosecutor's factual presentation:

[____________________________________________________________]

[____________________________________________________________]

The court must determine a factual basis before entering judgment on the guilty plea.

7. CONDITIONS BEFORE SENTENCING

• ☐ appear as ordered;
• ☐ complete the presentence process;
• ☐ obey release conditions;
• ☐ cooperation addendum attached;
• ☐ other: [________________________________].

No alleged violation creates an automatic admission, automatic statement waiver, or self-executing sentencing change.

8. PLEA EVIDENCE

Rule 24.02(d)(5) governs a withdrawn guilty plea, offers to plead, and related statements, including its stated perjury or false-statement exception. This agreement creates no broader waiver.

9. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the selected Rule 24.02 track and the court's role.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, evidence, defenses, exposure, plea consequences, and complete terms with the defendant.

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

Name / Bar No.: [________________________________]

Prosecutor

The State confirms that this writing accurately states each promise, agreement, and recommendation.

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

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Rule 24.02(b)-(c) inquiry completed
• ☐ Agreement disclosed on the record
• ☐ Recommendation identified as nonbinding
• ☐ Agreement accepted; agreed disposition will be included in judgment
• ☐ Agreement rejected; applicable withdrawal procedure completed
• ☐ Plea voluntary
• ☐ Factual basis found
• ☐ Guilty plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• Missouri Supreme Court Rule 24.02 — Pleas
• Missouri Rules of Criminal Procedure