State Plea Agreement - North Carolina

STATE PLEA AGREEMENT

Counsel-use record. This template follows the superior-court procedure in Article 58. Use the current AOC-CR-300 Transcript of Plea and required worksheets. This supplemental term record does not replace the defendant's sworn answers, plea adjudication, or rejection notation on the official form.

1. PLEA TYPE

Plea selected: ☐ Guilty ☐ Guilty under Alford ☐ No contest

2. PLEA ARRANGEMENT

The State agrees to:

• ☐ not charge [________________________________];
• ☐ dismiss / move to dismiss Count(s) [________________________________];
• ☐ amend / reduce Count(s) [________________________________];
• ☐ recommend, or not oppose, the sentence below;
• ☐ include lawful restitution or reparation terms;
• ☐ other lawful term: [________________________________].

3. SENTENCING TERMS

4. SENTENCE-RELATED OR CHARGE-ONLY ARRANGEMENT

• ☐ Sentence-related arrangement: the prosecutor recommends a particular sentence. The substance must be disclosed, and the judge must state approval before accepting the plea under § 15A-1023(b).
• ☐ Charge-disposition arrangement only: no sentencing recommendation. Section 15A-1023(c) requires acceptance if the plea is informed and factually supported.

If a sentence-related arrangement is rejected, the judge must refuse the plea, advise that neither side is bound, state reasons, allow modification, grant the statutory continuance, and direct the required notation on the plea transcript. If the judge later decides to impose a sentence different from the arrangement, § 15A-1024 requires notice and an opportunity to withdraw.

5. SWORN PLEA INQUIRY

The defendant will personally address the current AOC-CR-300 questions, including:

• ☐ ability to understand and effects of substances;
• ☐ nature and elements of each charge;
• ☐ defenses and satisfaction with counsel;
• ☐ silence, jury-trial, confrontation, and sentencing rights;
• ☐ maximum and mandatory-minimum punishment;
• ☐ immigration and appeal consequences;
• ☐ every term and condition of the arrangement;
• ☐ voluntariness and absence of other promises or threats;
• ☐ factual basis and consent to the evidentiary summary.

6. FACTUAL BASIS

Prosecutor's summary:

[____________________________________________________________]

[____________________________________________________________]

Section 15A-1022(c) allows the factual basis to rest on the prosecutor's statement, a written defendant statement, a presentence report, sworn testimony including reliable hearsay, or defense counsel's statement. A no-contest plea does not require an admission of factual guilt if the court finds a basis and gives the required advice.

7. CONDITIONS BEFORE SENTENCING

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

No alleged violation creates automatic admissibility of plea statements or a self-executing sentence change.

8. COMPLETE TERMS AND OFFICIAL FORMS

• ☐ AOC-CR-300 attached.
• ☐ AOC-CR-300A attached for additional charges.
• ☐ Prior-record worksheet attached.
• ☐ Restitution worksheet attached, if applicable.
• ☐ Aggravating-factor / sentencing-point notice and admissions addressed.

All terms must appear on the plea transcript or an identified attachment.

9. SIGNATURES

Defendant

I reviewed this agreement and the official plea transcript with counsel and understand every term.

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

Printed name: [________________________________]

Defense counsel

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

Name / Bar No.: [________________________________]

Prosecutor

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

Name / office: [________________________________]

10. COURT-USE RECORD

• ☐ Defendant sworn and AOC-CR-300 inquiry completed
• ☐ Full arrangement disclosed
• ☐ Sentence-related arrangement approved before plea acceptance
• ☐ Arrangement rejected and transcript notation / continuance completed
• ☐ Plea informed and voluntary
• ☐ Factual basis found
• ☐ Plea accepted and recorded
• ☐ Other: [________________________________]

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

Sources and References

• N.C. Gen. Stat. § 15A-1021 — Plea conference and arrangement
• N.C. Gen. Stat. § 15A-1022 — Plea inquiry and factual basis
• N.C. Gen. Stat. § 15A-1023 — Judicial action
• N.C. Gen. Stat. § 15A-1024 — Sentence differing from arrangement
• AOC-CR-300 — Transcript of Plea