State Plea Agreement - Mississippi

STATE PLEA AGREEMENT

Counsel-use record. The Mississippi Rules of Criminal Procedure took effect July 1, 2017, and govern criminal proceedings in Mississippi trial courts, subject to the rules' exceptions. 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 case, with leave of court (MRCrP 15.2(a)).

2. RULE 15.4 PLEA TERMS

Subject to the court's approval and the selected plea terms, the prosecution agrees to:

• ☐ move to dismiss / not pursue Count(s) [________________________________];
• ☐ seek a plea to the lesser or related offense [________________________________];
• ☐ make the nonbinding sentence recommendation below under Rule 15.4(a)(2)(B);
• ☐ propose the disposition below for the court to accept or reject under Rule 15.4(a)(2)(C);
• ☐ other lawful term: [________________________________].

The trial judge must not participate in plea discussions. A nonbinding recommendation does not control the sentence. If the parties select the proposed-disposition route, the court may accept or reject it; if the court accepts it, the agreed disposition is included in the judgment. If the court rejects it, the defendant must be given the Rule 15.4 opportunity to withdraw the plea.

3. DISPOSITION

• ☐ Counsel has identified on the record which Rule 15.4(a)(2) route applies to the proposed sentence.
• ☐ The court's acceptance or rejection procedure under Rule 15.4 has been explained.
• ☐ The defendant's opportunity to withdraw if the court rejects a Rule 15.4(a)(2)(C) disposition has been explained.

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 limits use against the defendant of withdrawn pleas, nolo pleas, and specified plea statements, subject to the rule's exceptions. MRCrP 15.4(d) separately addresses a withdrawn guilty plea at trial. 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