STATE OF MISSISSIPPI
IN THE [CIRCUIT] COURT OF [__] COUNTY
CAUSE NO. ____
STATE OF MISSISSIPPI
v.
[DEFENDANT FULL LEGAL NAME], Defendant
STATE PLEA AGREEMENT
This State Plea Agreement (“Agreement”) is entered into on [Effective Date] by and between the State of Mississippi, acting through the Office of the District Attorney for the [___] Judicial District (“State”), and [Defendant Full Legal Name], MS DOC No. [_____] (“Defendant”), who appears in the presence of court-appointed/retained counsel [Defense Counsel Name], MSB # [____] (“Defense Counsel”).
The State, Defendant, and Defense Counsel are hereinafter referred to collectively as the “Parties.”
[// GUIDANCE: This header conforms to Miss. R. Crim. P. 15 requirements for written plea agreements and can be pasted directly onto standard Mississippi criminal docket sheets.]
TABLE OF CONTENTS
I. Recitals and Jurisdiction
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. RECITALS AND JURISDICTION
A. Charges. Defendant was indicted in Cause No. [_] for [specify count(s) and statutory citation(s)] (the “Charge(s)”).
B. Plea Discussions. The Parties have engaged in plea discussions pursuant to Rule 15 of the Mississippi Rules of Criminal Procedure (“Miss. R. Crim. P.”).
C. Consideration. In exchange for the mutual promises herein and subject to Court approval, the Parties agree to the terms that follow.
D. Governing Law & Venue. This Agreement is governed by the criminal laws of the State of Mississippi and will be enforced exclusively in the [Circuit] Court of [______] County (the “Court”).
II. DEFINITIONS
For purposes of this Agreement, capitalized terms shall have the meanings set forth below:
- “Agreement” – This State Plea Agreement, including all exhibits and schedules.
- “Applicable Rules” – The Mississippi Rules of Criminal Procedure, Mississippi Rules of Evidence, and any local rules of the Court.
- “Charge(s)” – The offense(s) identified in Section I.A.
- “Conditional Plea” – A plea entered pursuant to Miss. R. Crim. P. 15(e) that preserves specified issues for appellate review.
- “Recommended Sentence” – The sentencing disposition stated in Section III.C.
- “Violation” – Any act or omission by Defendant that constitutes a breach under Section VI.A.
[// GUIDANCE: Add or delete definitions as needed. Keep alphabetical order.]
III. OPERATIVE PROVISIONS
A. Nature of Plea
1. Defendant agrees to plead [GUILTY / NO CONTEST] to the Charge(s).
2. Defendant acknowledges that the plea waives the right to a jury trial, to confront witnesses, and to require the State to prove guilt beyond a reasonable doubt.
B. State’s Obligations
1. Nolle Prosequi/Reduction. Upon the Court’s acceptance of this Agreement, the State will:
a. [Dismiss Counts __; or]
b. [Amend Count __ from __ to ____].
2. Sentencing Recommendation. The State will recommend the sentencing terms set forth in Section III.C.
3. No Further Prosecution. The State will not prosecute Defendant for any offenses arising out of the same conduct described in the indictment, except as provided in Section VI (Default & Remedies).
C. Recommended Sentence
1. Confinement: [__] years in the custody of the Mississippi Department of Corrections (“MDOC”), [with/without] eligibility for parole.
2. Fine: $[______], plus statutory court costs and assessments.
3. Supervised Release/Post-Release Supervision: [__] years following incarceration.
4. Special Conditions:
a. Restitution in the amount of $[_____] payable as directed by the Court.
b. Completion of [treatment, program, etc.]
c. Any additional lawful conditions imposed by the Court.
D. Conditions Precedent
1. Court Acceptance. This Agreement is contingent upon the Court’s determination that:
a. The plea is knowing, voluntary, and supported by a factual basis; and
b. The Recommended Sentence complies with statutory limits.
2. Presentence Investigation (if ordered) must not reveal material information that, in the Court’s discretion, would warrant rejection of the plea.
E. Deadlines
1. Defendant shall tender the executed Agreement to the Court no later than [date/time].
2. Any restitution documentation must be furnished to the State [__] days prior to sentencing.
IV. REPRESENTATIONS & WARRANTIES
A. By Defendant
1. Competency. Defendant is mentally competent and has fully discussed the case and this Agreement with Defense Counsel.
2. Voluntariness. The plea is made freely and voluntarily, without coercion or promises other than those contained herein.
3. Factual Basis. Defendant admits the essential elements of the Charge(s).
4. Immigration & Collateral Consequences. Defendant understands that a conviction may have immigration, civil, or professional licensing consequences.
B. By Defense Counsel
1. Counsel has advised Defendant of all constitutional rights, potential defenses, and the consequences of the plea.
2. Counsel believes Defendant’s decision to plead is informed and voluntary.
C. By the State
The State represents that it has a good-faith basis in fact and law to prosecute the Charge(s) and that its recommendations are consistent with justice and public safety.
D. Survival
All representations and warranties survive acceptance of the plea and entry of judgment.
V. COVENANTS & RESTRICTIONS
A. Defendant’s Covenants
1. Future Conduct. Defendant shall not commit any criminal offense before sentencing or during any period of suspended sentence or supervision.
2. Appearance. Defendant must appear at all scheduled court proceedings.
3. Documentation. Defendant shall provide accurate financial disclosures as requested for restitution determination.
B. State’s Covenants
The State shall disclose to the Court any material breach by Defendant and otherwise honor the commitments in Section III.
VI. DEFAULT & REMEDIES
A. Events of Default
1. Defendant commits a new criminal offense.
2. Defendant fails to appear for any court setting.
3. Defendant materially misrepresents or withholds information relevant to sentencing.
4. Defendant otherwise breaches any covenant herein.
B. Notice & Opportunity to Cure
Upon an alleged Violation, the State will provide written notice to Defense Counsel. If the violation is curable (e.g., late restitution payment), Defendant shall have [__] days to cure.
C. Remedies
1. State’s Remedies. Upon an uncured or incurable Violation, the State may:
a. Declare this Agreement null and void;
b. Reinstate dismissed or amended charges;
c. Introduce Defendant’s admissions herein at trial.
2. Court’s Remedies. The Court may impose any lawful sentence within statutory limits, up to the maximum available for the Charge(s), irrespective of the Recommended Sentence.
D. Attorney Fees & Costs
If either Party must litigate enforcement of this Agreement, the prevailing Party may recover reasonable attorney fees and costs, to the extent permitted by Mississippi law.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification and traditional civil-law liability caps are not applicable in criminal matters. The “Risk Allocation” section is included for structural consistency; edit or delete sub-sections as local practice dictates.]
A. Agreed Sentence Cap
The Parties acknowledge that the Recommended Sentence in Section III.C functions as the agreed cap on Defendant’s criminal exposure under this Agreement, subject to Section VI.C.
B. Force Majeure
Unforeseeable events (e.g., natural disasters) that delay sentencing or performance deadlines will toll such deadlines for a period equal to the delay.
VIII. DISPUTE RESOLUTION
A. Governing Law
This Agreement shall be construed under the laws of the State of Mississippi.
B. Forum Selection
The [Circuit] Court of [__] County shall have exclusive jurisdiction over any dispute arising from or relating to this Agreement.
C. Arbitration
The Parties agree that arbitration is neither available nor appropriate in criminal proceedings.
D. Jury Waiver
By entering this plea, Defendant knowingly waives the right to trial by jury on the Charge(s).
E. Injunctive Relief
Not applicable.
IX. GENERAL PROVISIONS
A. Entire Agreement
This document constitutes the complete agreement between the Parties and supersedes all prior oral or written negotiations.
B. Amendments
No amendment is valid unless in writing, signed by all Parties, and approved by the Court.
C. Severability
If any provision is held unlawful or unenforceable, the remaining provisions shall remain in full force, and the Court may reform the Agreement to preserve the Parties’ intent.
D. Assignment
Neither Party may assign rights or delegate duties under this Agreement.
E. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, including by reliable electronic means, each of which is deemed an original.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this State Plea Agreement as of the Effective Date.
A. Defendant
[DEFENDANT FULL LEGAL NAME]
Date: ____
B. Defense Counsel
[DEFENSE COUNSEL NAME], MSB # __
Attorney for Defendant
Date: __
C. State of Mississippi
[NAME], District Attorney
[] Judicial District
Date: _
D. Judicial Acknowledgment
The Court hereby acknowledges receipt of this executed Agreement on the __ day of __, 20, and will address its acceptance or rejection in open court consistent with Miss. R. Crim. P. 15.
[Judge’s Name], Circuit Court Judge
[// GUIDANCE:
1. Attach a factual basis exhibit if local practice requires (“Exhibit A – Factual Proffer”).
2. For felony cases, consider a separate “Waiver of Right to Appeal” form to reinforce the waiver expressed in Section IV.
3. Always conduct an on-the-record Rule 15 colloquy to safeguard the plea’s validity.
]