State Plea Agreement - Mississippi

STATE PLEA AGREEMENT

Counsel-use record. The Mississippi Rules of Criminal Procedure effective July 1, 2023 govern all state trial courts. Rules 15.2 through 15.4 control the plea and bargaining process. This writing does not replace the court's plea inquiry.

1. PLEA TYPE

Plea selected:

• ☐ Guilty.
• ☐ Nolo contendere in a misdemeanor county- or circuit-court case, with leave of court and while represented by counsel.

2. RULE 15.4 PLEA TERMS

The prosecution agrees to:

• ☐ dismiss / not pursue Count(s) [________________________________];
• ☐ amend or reduce Count(s) [________________________________];
• ☐ recommend the disposition below;
• ☐ agree not to oppose the defendant's request below;
• ☐ other lawful term: [________________________________].

The trial judge must not participate in plea discussions. Any recommendation remains subject to the court's independent decision under Rule 15.4.

3. DISPOSITION

• ☐ Counsel has identified on the record whether the sentencing term is only a recommendation.
• ☐ The court's acceptance, rejection, or deferral procedure under Rule 15.4 has been explained.
• ☐ Any right to withdraw after court action has been explained under the current rule.

4. PLEA INQUIRY

The defendant will personally address:

• ☐ understanding of the charge and its elements;
• ☐ maximum and mandatory-minimum punishment;
• ☐ jury trial, confrontation, compulsory-process, and self-incrimination rights;
• ☐ effect of a guilty or permitted nolo plea;
• ☐ satisfaction with counsel;
• ☐ complete plea terms;
• ☐ voluntariness and absence of force, threats, or undisclosed promises;
• ☐ immigration and other direct consequences requiring advice;
• ☐ factual basis for the selected plea route.

5. FACTUAL BASIS

Prosecutor's factual presentation:

[____________________________________________________________]

[____________________________________________________________]

Defense statement / qualification, if any:

[____________________________________________________________]

6. CONDITIONS BEFORE SENTENCING

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

Any claimed violation must be presented through lawful procedure. This agreement creates no automatic admission or self-executing penalty.

7. PLEA STATEMENTS

Mississippi Rule of Evidence 410 and MRCrP 15.4 govern withdrawn pleas, nolo pleas, plea proceedings, and plea-discussion statements. No blanket admissibility or waiver clause is included.

8. COMPLETE TERMS

Every promise must be disclosed to the court. No term authorizes an illegal sentence or an improper waiver of ineffective-assistance claims.

Attachment(s): [________________________________]

9. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the plea type, recommendations, and 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 prosecution confirms that this writing accurately states each promise and recommendation.

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

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Plea type authorized
• ☐ Rule 15 plea inquiry completed
• ☐ Agreement disclosed
• ☐ Court action and consequences explained
• ☐ Plea knowing and voluntary
• ☐ Factual basis found
• ☐ Plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• Mississippi Rules of Criminal Procedure
• Mississippi Judiciary — current court rules
• Mississippi Rules of Evidence