STATE OF MONTANA
DISTRICT COURT, ___ JUDICIAL DISTRICT
___ COUNTY
THE STATE OF MONTANA
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
Case No.: [CASE NO.]
PLEA AGREEMENT
(“Agreement”)
Effective Date: [DATE]
[// GUIDANCE: This template is drafted to comply with Montana statutory and rule-based plea-bargaining requirements. Customize all bracketed fields, attach charging documents, and confer with the assigned judge’s standing orders before filing.]
TABLE OF CONTENTS
- Document Header and Recitals
- Definitions
- Operative Provisions
- Representations and Warranties
- Covenants and Restrictions
- Default and Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
(Page numbers intentionally omitted from template.)
1. DOCUMENT HEADER AND RECITALS
1.1 Parties. This Agreement is entered into by and between the State of Montana, acting through the [COUNTY] County Attorney’s Office (“State”), and [DEFENDANT FULL LEGAL NAME], an individual (“Defendant”), together with Defendant’s undersigned counsel of record (“Defense Counsel”).
1.2 Authority. The State and Defendant enter this Agreement pursuant to applicable Montana criminal procedure and common-law prosecutorial discretion.
1.3 Consideration. In exchange for the mutual promises herein—including Defendant’s waiver of constitutional trial rights and the State’s sentencing and charge concessions—the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.
“Agreement” means this Plea Agreement, including all exhibits, schedules, and acknowledged addenda.
“Court” means the District Court of the State of Montana, ___ Judicial District, sitting in and for ___ County, or any successor court properly assigned this matter.
“Dismissed Counts” means those criminal counts identified in Section 3.2(c) as to which the State agrees to seek dismissal upon the Court’s acceptance of Defendant’s plea.
“Effective Date” has the meaning stated on the cover page.
“Parties” means collectively the State and the Defendant.
“Sentence” means the disposition described in Section 3.3, together with all fines, fees, restitution, assessments, surcharges, and conditions of incarceration, release, or supervision imposed by the Court.
3. OPERATIVE PROVISIONS
3.1 Plea. Defendant agrees to plead [GUILTY/NO CONTEST] to the following count(s):
(a) Count [NUMBER]: [STATUTORY OFFENSE]—[SHORT DESCRIPTION].
[Add additional counts as necessary.]
3.2 State’s Concessions. Conditioned upon full performance by Defendant:
(a) Sentencing Recommendation. The State will recommend the Sentence set forth in Section 3.3.
(b) Charge Modification. [If applicable] The State agrees to amend Count [NUMBER] from [ORIGINAL CHARGE] to [AMENDED CHARGE].
(c) Dismissal. The State will move to dismiss the Dismissed Counts at sentencing.
3.3 Agreed Sentence. The Parties jointly recommend that the Court impose the following Sentence, subject to judicial approval:
• Incarceration: [TERM; e.g., “5 years with 3 years suspended”] at the Montana Department of Corrections.
• Probation: [TERM] under standard and special conditions enumerated by the Court.
• Restitution: $[AMOUNT] payable jointly and severally with any co-defendants.
• Fines/Fees: $[AMOUNT] statutory fine; $[AMOUNT] surcharges and court costs.
• Other Conditions: [Substance abuse treatment, mental-health evaluation, etc.].
[// GUIDANCE: Montana judges are not bound by sentencing recommendations. Consider adding an escape clause for Defendant if the Court imposes a harsher sentence—see Section 6.3.]
3.4 Waivers of Rights. By entering this plea, Defendant knowingly, voluntarily, and intelligently waives the following, inter alia:
(a) the right to a speedy and public jury trial;
(b) the right to confront and cross-examine witnesses;
(c) the right to compel witnesses;
(d) the privilege against self-incrimination;
(e) all non-jurisdictional pre-trial motions;
(f) the right to direct appeal except as provided in Section 3.5.
3.5 Limited Right to Appeal. Defendant retains the right to appeal:
(a) any sentence that exceeds the cap in Section 3.3;
(b) any illegal sentence; and
(c) the voluntariness of this plea.
All other appellate rights are expressly waived.
3.6 Conditions Precedent. This Agreement is effective only upon:
(a) acceptance by the Court after a colloquy satisfying constitutional standards; and
(b) Defendant’s full and truthful disclosure during the plea hearing.
4. REPRESENTATIONS AND WARRANTIES
4.1 Defendant represents and warrants that:
(a) Competence. Defendant is mentally competent, understands English (or has been provided qualified interpretation), and is not under the influence of intoxicants impairing judgment.
(b) Voluntariness. The plea is voluntary and is not the product of force, threats, or promises outside this Agreement.
(c) Truthfulness. All factual admissions to the Court will be truthful and complete.
4.2 State represents and warrants that:
(a) Authority. The undersigned prosecutor has authority to bind the State to this Agreement.
(b) Disclosure. All known exculpatory evidence has been disclosed as required by Brady and its progeny.
4.3 Survival. The representations and warranties in this Section 4 survive acceptance of the plea and sentencing.
5. COVENANTS AND RESTRICTIONS
5.1 Defendant’s Covenants. Defendant shall:
(a) appear at all court dates and comply with release conditions;
(b) refrain from criminal conduct pending sentencing and, if applicable, during probation;
(c) timely pay all financial obligations ordered by the Court;
(d) participate in any pre-sentence investigation ordered by the Court and provide complete, accurate information.
5.2 State’s Covenants. The State shall:
(a) present this Agreement to the Court without modification;
(b) support the agreed Sentence in allocution, unless Defendant breaches this Agreement;
(c) move to dismiss the Dismissed Counts upon sentencing.
5.3 Monitoring. Compliance with these covenants may be reviewed by the Court at any time upon motion by either Party or sua sponte.
6. DEFAULT AND REMEDIES
6.1 Events of Default—Defendant. The following constitute a default by Defendant:
(a) commission of new criminal conduct prior to sentencing;
(b) failure to appear for any court proceeding;
(c) materially false statements to the Court or supervising agencies;
(d) violation of Section 5 covenants.
6.2 State’s Remedies. Upon Defendant’s default, the State may, in its sole discretion:
(a) withdraw from this Agreement and reinstate all original charges;
(b) use Defendant’s admissions and proffer statements in its case-in-chief;
(c) recommend any lawful sentence up to the statutory maximum.
6.3 Events of Default—Court Rejection. If the Court declines to accept the agreed Sentence, Defendant may:
(a) affirm the plea and proceed to sentencing, or
(b) withdraw the plea, in which case the Parties are restored to their pre-Agreement positions. Defendant must exercise this election on the record immediately after the Court’s decision.
6.4 Attorney Fees. Each Party bears its own fees and costs; provided, however, that restitution for appointed-counsel costs may be imposed as allowed by law.
7. RISK ALLOCATION
7.1 Limitation of Criminal Liability. Absent Defendant’s default, the State agrees not to seek imprisonment, fines, or conditions in excess of the Sentence set forth in Section 3.3.
7.2 Civil and Administrative Matters. This Agreement does not limit:
(a) any federal or state civil or administrative action;
(b) victim-initiated civil claims; or
(c) collateral consequences such as licensing or immigration effects.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the criminal laws and procedural rules of the State of Montana.
8.2 Forum Selection. Any dispute concerning the interpretation or enforcement of this Agreement shall be resolved exclusively in the District Court identified in the caption.
8.3 Arbitration. Arbitration is not available for criminal matters and is therefore inapplicable.
8.4 Jury Waiver. Trial by jury is waived pursuant to Section 3.4(a).
8.5 Injunctive Relief. Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This document embodies the complete agreement of the Parties regarding disposition of the charges referenced herein and supersedes all prior understandings, whether written or oral.
9.2 Amendments. No amendment is effective unless in a writing signed by both Parties and approved by the Court.
9.3 Assignment. This Agreement is personal to Defendant and may not be assigned.
9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permitted.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means are binding to the same extent as originals under Montana’s Uniform Electronic Transactions Act.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.
STATE OF MONTANA
By: ______
[PROSECUTOR NAME], County Attorney
[BAR NO.]
Date: ___
DEFENDANT
I have read this entire Agreement (or had it read to me), discussed it with my attorney, and understand and accept its terms.
[DEFENDANT FULL LEGAL NAME]
Date: _____
DEFENSE COUNSEL CERTIFICATION
I certify that I have discussed all aspects of this Agreement with Defendant, believe Defendant fully understands it, and that Defendant’s plea is voluntary and informed.
[DEFENSE COUNSEL NAME]
[BAR NO.]
Date: _____
JUDICIAL ACCEPTANCE
The foregoing Plea Agreement is hereby [ACCEPTED / REJECTED] by the Court.
DISTRICT COURT JUDGE
Date: _____
[// GUIDANCE: File the signed Agreement with the clerk and provide copies to the probation office if a pre-sentence investigation is ordered.]