STATE OF MISSOURI

[COUNTY] CIRCUIT COURT – [___] JUDICIAL CIRCUIT

CRIMINAL DIVISION

STATE OF MISSOURI,
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
Defendant.

Case No.: [CASE NUMBER]

PLEA AGREEMENT

(Made pursuant to Mo. Sup. Ct. R. 24.02 and related provisions)

[// GUIDANCE: This template is drafted for use in felony and misdemeanor matters in Missouri state courts. Insert all bracketed items, delete inapplicable options, and attach additional schedules as needed.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

Schedules
• Schedule A – Factual Basis for Plea
• Schedule B – Offense(s) & Statutory Sentencing Ranges
• Schedule C – Special Conditions of Probation/Parole (if any)

1. DOCUMENT HEADER

1.1 Effective Date. This Plea Agreement (“Agreement”) is entered into and effective as of [DATE] (the “Effective Date”) by and between the State of Missouri, acting through the Office of the [COUNTY] Prosecuting Attorney (“State”), and [DEFENDANT FULL LEGAL NAME], an individual (“Defendant”).

1.2 Jurisdiction. This matter is governed exclusively by Missouri criminal law and the Missouri Rules of Criminal Procedure, and is subject to acceptance by the Circuit Court of [COUNTY], Missouri (the “Court”).

1.3 Consideration. In consideration of the mutual promises, covenants, and undertakings herein, and pursuant to Mo. Sup. Ct. R. 24.02(d), the Parties agree as follows.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms not defined shall have their ordinary legal meaning under Missouri law.

“Agreement” – This Plea Agreement, including all schedules and any Court-approved amendments.

“Charge(s)” – The criminal count(s) presently pending against Defendant as set forth in the Information/Indictment.

“Court” – The Circuit Court of [COUNTY], Missouri, Criminal Division.

“Defendant” – [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], SID [SID NO.], currently represented by counsel of record, [DEFENSE COUNSEL NAME].

“Effective Date” – The date specified in Section 1.1.

“Plea Hearing” – The proceeding at which Defendant tenders the Plea and the Court conducts the colloquy required by Mo. Sup. Ct. R. 24.02(b).

“Plea” – Defendant’s guilty plea to the Charge(s) or amended Charge(s) as specified in Section 3.1.

“Sentence” – The disposition imposed by the Court upon acceptance of the Plea, consistent with Section 3.3.

“State” – The State of Missouri acting through the Office of the [COUNTY] Prosecuting Attorney.

3. OPERATIVE PROVISIONS

3.1 Entry of Plea.
(a) Pursuant to Mo. Sup. Ct. R. 24.02(a), Defendant shall enter a plea of guilty to:
    • Count [NO.]: [OFFENSE], a [CLASS] [FELONY/MISDEMEANOR], in violation of § [STATUTE] RSMo.
    • (If applicable) Amended Count [NO.]: [REDUCED OFFENSE].

(b) At the Plea Hearing, Defendant will acknowledge the factual basis set forth in Schedule A.

3.2 Dismissal/Reduction of Other Charges. Upon the Court’s acceptance of the Plea and sentencing in accordance with this Agreement, the State will move to [dismiss] / [nolle prosequi] the following charges: [LIST OF COUNTS], or amend them as described above.

3.3 Sentencing Recommendation.
(a) The Parties jointly recommend the following disposition, subject to Court approval under Mo. Sup. Ct. R. 29.07:
    • Term of Imprisonment: [TERM] years in the custody of the Missouri Department of Corrections, to run [concurrently/consecutively] with case no. [NUMBER].
    • Probation: Execution of sentence suspended; Defendant placed on probation for [TERM] years under the conditions in Schedule C.
    • Fine: $[AMOUNT].
    • Restitution: $[AMOUNT] to [VICTIM NAME] pursuant to § 559.105 RSMo.
(b) The Parties acknowledge that sentencing is within the Court’s sole discretion; however, if the Court materially deviates from the recommendation, either Party may declare this Agreement null and void before imposition of sentence.

3.4 Waiver of Constitutional and Procedural Rights.
By entering the Plea, Defendant knowingly and voluntarily waives the following rights:
(a) The right to plead not guilty and to persist in that plea;
(b) The right to a speedy and public trial by jury;
(c) The right to confront and cross-examine witnesses;
(d) The right to compulsory process;
(e) The privilege against self-incrimination; and
(f) The right to direct appeal of any non-jurisdictional defects, as further limited in Section 3.5.

3.5 Appeal Waiver.
Except for claims of (i) prosecutorial misconduct, (ii) ineffective assistance of counsel, or (iii) sentences in excess of the statutory maximum, Defendant hereby waives the right to file any direct appeal or post-conviction motion under Mo. Sup. Ct. R. 30.26 or Rule 29.15 challenging the conviction or Sentence imposed pursuant to this Agreement.

3.6 Conditions Precedent.
This Agreement becomes effective only upon:
(a) Defendant’s full and truthful disclosure during the Plea Hearing; and
(b) The Court’s acceptance of the Plea under Mo. Sup. Ct. R. 24.02(d).

3.7 Conditions Subsequent.
Should Defendant: (i) commit a new criminal offense, (ii) fail to appear for sentencing, or (iii) provide materially false information to the Court, the State may, at its sole option, withdraw from this Agreement under Section 6.1.

4. REPRESENTATIONS & WARRANTIES

4.1 By Defendant. Defendant represents and warrants that:
(a) Competency. Defendant is mentally competent, not under the influence of any impairing substance, and enters this Agreement voluntarily.
(b) Factual Basis. Defendant admits the truth of the facts in Schedule A.
(c) Counsel. Defendant has had adequate time to consult with counsel, who has explained the rights being waived and the consequences of the Plea.

4.2 By the State. The State represents and warrants that:
(a) Authority. The undersigned Prosecuting Attorney is duly authorized to enter this Agreement.
(b) Evidence. The State possesses evidence sufficient to prove each element of the Charge(s) beyond a reasonable doubt.

4.3 Survival. The warranties in this Section survive acceptance of the Plea and imposition of Sentence.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Defendant. Defendant shall:
(a) Appear at all court proceedings as directed;
(b) Provide truthful testimony or cooperation, if required, in related investigations;
(c) Satisfy all financial obligations (fines, restitution, court costs) as ordered.

5.2 Negative Covenants of Defendant. Defendant shall not:
(a) Violate any law between the Effective Date and completion of Sentence;
(b) Contact any victim or witness except through counsel or as authorized by the Court.

6. DEFAULT & REMEDIES

6.1 Events of Default. Any of the following constitutes a default:
(a) Defendant’s breach of Section 5;
(b) Defendant’s failure to provide complete and truthful information;
(c) Court rejection of the Plea; or
(d) Defendant’s withdrawal of the Plea without State consent.

6.2 Notice and Opportunity to Cure. Where practicable, the State shall provide written notice of default to defense counsel and allow a [10]-day cure period.

6.3 Remedies. Upon default, the State may:
(a) Declare this Agreement null and void;
(b) Reinstate any dismissed or amended charges;
(c) Use Defendant’s admissions herein against Defendant in subsequent proceedings; and/or
(d) Seek any lawful Sentence within the statutory range.

6.4 Attorney Fees & Costs. Each Party bears its own fees and costs arising from any default.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable.

7.2 Limitation of Liability. Liability is limited to the agreed-upon Sentence and financial obligations ordered by the Court.

7.3 Force Majeure. Not applicable to criminal proceedings.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Missouri.

8.2 Forum Selection. Any dispute concerning the interpretation or enforcement of this Agreement shall be resolved exclusively by the Circuit Court of [COUNTY], Missouri.

8.3 Arbitration. Not available.

8.4 Jury Waiver. Defendant acknowledges that entry of the Plea waives the right to a jury trial as set forth in Section 3.4.

8.5 Injunctive Relief. Not applicable.

9. GENERAL PROVISIONS

9.1 Amendment and Waiver. Any amendment must be in writing and signed by both Parties and approved by the Court. A waiver of any provision on one occasion is not a waiver on any other occasion.

9.2 Assignment. This Agreement is personal to Defendant and may not be assigned.

9.3 Successors. This Agreement binds Defendant’s heirs and legal representatives and the State’s successors in office.

9.4 Severability. If any provision is found unenforceable, the remaining provisions remain in full force, provided the essential purposes are not frustrated.

9.5 Integration. This Agreement, including all Schedules, constitutes the entire agreement between the Parties and supersedes all prior negotiations, understandings, or agreements.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, including facsimile or electronic signatures, each of which is deemed an original and all of which constitute one instrument.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereto have executed this Plea Agreement as of the Effective Date.

STATE OF MISSOURI

By: _____
[PROSECUTOR NAME], # [BAR NO.]
[Title], Office of the [COUNTY] Prosecuting Attorney
Date: ___

DEFENDANT

I have read (or had read to me) and fully understand this Plea Agreement. I affirm that it accurately sets forth my entire agreement with the State.

[DEFENDANT FULL LEGAL NAME]
Date: ____

DEFENSE COUNSEL CERTIFICATION

I certify that I have fully explained to Defendant the rights being waived and the consequences of the Plea, and I believe Defendant’s plea is knowing, voluntary, and intelligent.

[DEFENSE COUNSEL NAME], # [BAR NO.]
Attorney for Defendant
Date: ____

COURT ACCEPTANCE

The foregoing Plea Agreement is hereby [accepted / rejected] pursuant to Mo. Sup. Ct. R. 24.02(d).

HON. [JUDGE NAME]
Circuit Judge, [COUNTY] Judicial Circuit
Date: ____

SCHEDULE A

FACTUAL BASIS FOR PLEA

[Insert concise, paragraph-style statement of facts establishing every element of each offense.]

SCHEDULE B

OFFENSE(S) & STATUTORY SENTENCING RANGES

SCHEDULE C (If Applicable)

SPECIAL CONDITIONS OF PROBATION/PAROLE

1. [Drug/alcohol testing]
2. [Community service – _____ hours]
3. [Completion of treatment program]
4. [No-contact order with _____]

[// GUIDANCE: Tailor conditions to the specific offense and defendant’s circumstances. Confirm consistency with § 559.021 RSMo and local probation standards.]