State Plea Agreement - Montana

STATE PLEA AGREEMENT

Counsel-use record. Montana Code Annotated §§ 46-12-210 through 46-12-212 govern advice, plea-agreement procedure, and factual accuracy. This writing does not replace the open-court disclosure or judicial inquiry.

1. PLEA TYPE

Plea selected: ☐ Guilty ☐ Nolo contendere

2. CLASSIFY THE § 46-12-211(1) TERMS

• ☐ Charge agreement, subsection (1)(a): move to dismiss other charge(s).
• ☐ Specific-sentence agreement, subsection (1)(b): agree that a stated sentence is appropriate.
• ☐ Nonbinding recommendation, subsection (1)(c): recommend, or not oppose, a requested sentence.

3. CHARGE DISPOSITION

• ☐ dismiss Count(s) [________________________________];
• ☐ amend / reduce Count(s) [________________________________];
• ☐ other lawful term: [________________________________].

4. SENTENCING TERMS

For a subsection (1)(c) recommendation, the court must advise that failure to follow the recommendation does not create a right to withdraw the plea. For a subsection (1)(a) or (1)(b) agreement, rejection triggers the notice and withdrawal opportunity stated in § 46-12-211(4).

5. DEFENDANT'S UNDERSTANDINGS

The defendant will address the matters required by § 46-12-210, including:

• ☐ nature of the charge;
• ☐ mandatory minimum and maximum penalty, enhancements, and special parole restrictions;
• ☐ restitution, costs, and assessments when applicable;
• ☐ counsel rights;
• ☐ jury trial, confrontation, and self-incrimination rights;
• ☐ waiver of trial after an accepted guilty or nolo plea;
• ☐ the court is not required to accept every plea-agreement term;
• ☐ immigration consequences for a noncitizen.

6. FACTUAL BASIS / SPECIAL PLEA BASIS

Prosecutor's factual presentation:

[____________________________________________________________]

[____________________________________________________________]

For a felony or a misdemeanor resulting in incarceration, the court must determine a factual basis. If the defendant does not admit an element, counsel must use the consent and best-interest procedure in § 46-12-212(2), including prosecutor consent for a nolo plea.

7. DISCLOSURE AND COURT ACTION

• ☐ Agreement disclosed on the record in open court.
• ☐ In-camera disclosure requested for good cause.
• ☐ Two-way audio-video disclosure requested without party objection and with court approval.
• ☐ Court accepts the agreement.
• ☐ Court rejects the agreement.
• ☐ Court defers action pending a presentence report.

8. CONDITIONS BEFORE SENTENCING

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

An alleged violation does not automatically establish facts or alter an accepted disposition without lawful court action.

9. COMPLETE TERMS AND SIGNATURES

All promises and recommendations must be disclosed. No term authorizes an illegal sentence or a blanket waiver of protected plea statements.

Defendant

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

Printed name: [________________________________]

Defense counsel

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

Name / Bar No.: [________________________________]

Prosecutor

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

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Plea advice completed under § 46-12-210
• ☐ Agreement disclosed under § 46-12-211
• ☐ Recommendation identified as nonbinding
• ☐ Agreement accepted; disposition will be included in judgment
• ☐ Agreement rejected; applicable withdrawal procedure completed
• ☐ Factual-basis / special-plea findings completed under § 46-12-212
• ☐ Plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• Mont. Code Ann. § 46-12-210 — Advice to defendant
• Mont. Code Ann. § 46-12-211 — Plea agreement procedure
• Mont. Code Ann. § 46-12-212 — Determining accuracy