NEGOTIATED PLEA AGREEMENT AND WAIVER OF RIGHTS

State of North Carolina v. [DEFENDANT NAME]
Case No. [CASE NUMBER]
Effective Date: [MM/DD/YYYY]

TABLE OF CONTENTS

I. Document Header
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

Appendix A – Factual Basis
Appendix B – Sentencing Worksheet (Structured Sentencing Act)

I. DOCUMENT HEADER

1. Parties.
   a. The State. The State of North Carolina, acting through the Office of the District Attorney for Prosecutorial District [NUMBER] (“State”).
   b. Defendant. [DEFENDANT NAME], date of birth [DOB], (“Defendant”).

2. Jurisdiction & Venue. This matter is pending in the Superior Court Division of the General Court of Justice for [COUNTY] County, North Carolina (the “Court”).

3. Authority. This Agreement is entered pursuant to N.C. Gen. Stat. §§ 15A-1021 – 15A-1027 (2023) and the North Carolina Structured Sentencing Act, N.C. Gen. Stat. §§ 15A-1340.10 et seq. (2023).
4. Recitals.
   a. Defendant is charged in the above-captioned action with the offenses described in Section II (“Accused Offenses”).
   b. The Parties desire to resolve all pending charges without trial, to promote judicial economy, and to achieve a fair and certain disposition.
   c. In consideration of the mutual promises herein, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below; all cross-references are to this Agreement unless otherwise indicated.

“Accused Offenses” – collectively, the criminal offenses described in Section III.1(a).
“Agreement” – this Negotiated Plea Agreement and Waiver of Rights, together with all appendices.
“Court” – as defined in Section I.2.
“Effective Date” – the date first written above.
“Guidelines” – the sentencing ranges applicable under the Structured Sentencing Act.
“Parties” – collectively, the State and the Defendant.
“Plea” – the plea of guilty (or no contest, as specified in Section III.1) tendered pursuant to this Agreement.
“Sentence Cap” – the maximum sentence the Court may impose under Section III.3(b).

[// GUIDANCE: Add any additional defined term you intend to use more than once.]

III. OPERATIVE PROVISIONS

1. Plea.
   a. Charges to Which Defendant Will Plead. Defendant shall enter a [guilty / no contest] plea to:
   • Count [1] – [STATUTORY OFFENSE] (Class [ ] felony/misdemeanor)
   • Count [2] – [STATUTORY OFFENSE] (Class [ ] felony/misdemeanor)
   b. Dismissed Charges. Upon the Court’s acceptance of the Plea and full performance of this Agreement, the State shall move to dismiss the following charges with prejudice: [LIST].
   c. Factual Basis. Defendant stipulates that Appendix A accurately sets forth a factual basis sufficient for the Plea as required by N.C. Gen. Stat. § 15A-1022(c).

2. Waiver of Constitutional Rights. By entering this Plea, Defendant knowingly and voluntarily waives:
   a. the right to a trial by jury;
   b. the right to confront and cross-examine witnesses;
   c. the right against self-incrimination;
   d. the right to compel witnesses; and
   e. any other rights inherent in a trial.

3. Sentencing.
   a. Guidelines Classification. The Parties stipulate, subject to Court approval, that Defendant is a Class [ ] offender with Prior Record Level [ ] under the Structured Sentencing Act.
   b. Sentence Cap. The Parties recommend—and the Court shall not exceed— [ACTIVE TERM / INTERMEDIATE TERM / PROBATIONARY TERM] of [XX–YY] months.
   c. Restitution & Fees. Defendant shall pay restitution of $[AMOUNT] to [VICTIM NAME] and statutory costs/fees as assessed by the Clerk.
   d. Conditional Terms. [e.g., Substance-abuse assessment, community service hours, special probation conditions.]
   e. Credit for Time Served. Defendant shall receive credit for [NUMBER] days previously served.

4. Appeal Waiver. Pursuant to N.C. Gen. Stat. § 15A-1444(e), Defendant knowingly waives the right to appeal the conviction, the sentence, and any issues that could have been raised prior to the entry of judgment, except:
   a. an appeal as to whether the sentence exceeds the Sentence Cap; or
   b. a claim of ineffective assistance of counsel.

5. Conditions Precedent. This Agreement becomes effective only upon:
   a. execution by all Parties; and
   b. the Court’s finding that the Plea is voluntary and supported by a factual basis.

IV. REPRESENTATIONS & WARRANTIES

1. By Defendant. Defendant represents, warrants, and certifies that:
   a. Defendant has had adequate time to confer with counsel, understands the charges and potential penalties, and enters this Agreement freely and voluntarily;
   b. no promises, inducements, or threats other than those set forth herein have been made;
   c. Defendant is not under the influence of alcohol, narcotics, or medication impairing understanding of these proceedings.
2. By Defense Counsel. Counsel for Defendant affirms that he/she:
   a. has explained to Defendant the nature of the charges, the evidence, and all legal rights;
   b. believes Defendant is competent to enter this Plea; and
   c. believes the Plea is in Defendant’s best interest.
3. By the State. The State warrants that:
   a. all promises to Defendant are expressly contained in this Agreement;
   b. it will, subject to Defendant’s full compliance, perform its obligations herein.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenants of Defendant. Defendant shall:
   a. appear at all scheduled court dates;
   b. refrain from violating any law (state, federal, or local);
   c. comply with all conditions of probation, parole, or post-release supervision;
   d. provide truthful testimony or cooperation in any related proceeding if so requested by the State.
2. Negative Covenants. Defendant shall not communicate with victims or witnesses except through counsel unless permitted by the Court.

VI. DEFAULT & REMEDIES

1. Events of Default. Any of the following constitute a default by Defendant:
   a. failure to appear;
   b. commission of a new criminal offense prior to sentencing;
   c. providing materially false information to the Court or the State;
   d. violation of any covenant in Section V.
2. Notice & Cure. Upon default, the State shall provide written notice to Defendant (through counsel). If the default is curable and cured within [5] days, no breach shall exist.
3. Remedies. If the default is not cured:
   a. the State may, at its sole option, declare this Agreement null and void;
   b. all dismissed charges may be reinstated;
   c. statements made pursuant to this Agreement may be used in evidence pursuant to N.C. Gen. Stat. § 15A-1025.

[// GUIDANCE: Consider enlarging the cure period for logistical defaults such as late payments.]

VII. RISK ALLOCATION

1. Liability Cap. The maximum criminal liability arising from the Accused Offenses shall not exceed the Sentence Cap set forth in Section III.3(b).
2. Indemnification; Insurance. Not applicable to this criminal matter.
3. Force Majeure. Not applicable to obligations of personal conduct; however, scheduling matters may be adjusted by the Court for good cause.

VIII. DISPUTE RESOLUTION

1. Governing Law. This Agreement is governed by the laws of the State of North Carolina.
2. Forum Selection. The General Court of Justice, Superior Court Division, [COUNTY] County, North Carolina shall retain exclusive jurisdiction over all matters arising under or relating to this Agreement.
3. Arbitration. Not available for criminal proceedings.
4. Jury Waiver. Defendant acknowledges waiver of jury trial by virtue of the Plea.
5. Injunctive Relief. Not applicable.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. No amendment or waiver is valid unless in writing, signed by all Parties, and approved by the Court.
2. Assignment. Neither Party may assign rights or delegate duties under this Agreement.
3. Successors & Assigns. This Agreement binds the Parties and their lawful successors.
4. Severability. If any provision is held unenforceable, the remainder shall remain in full force, and the Court may reform the provision to the extent permissible.
5. Integration. This Agreement constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous negotiations or agreements.
6. Headings. Headings are for convenience only and do not affect interpretation.
7. Counterparts & Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which is deemed an original, and signatures transmitted electronically shall be valid and binding.

X. EXECUTION BLOCK

A. Defendant

[DEFENDANT NAME]
Date: _______

B. Defense Counsel

I certify that I have discussed this Agreement in detail with Defendant and believe Defendant fully understands its terms and consequences.

[DEFENSE ATTORNEY NAME], Esq.
N.C. State Bar No. [#####]
Date: _______

C. State of North Carolina

[ASSISTANT DISTRICT ATTORNEY NAME],
Assistant District Attorney
Prosecutorial District [NUMBER]
Date: _______

D. Judicial Findings & Order

The Court has addressed the Defendant personally in open court, determined that the Plea is informed and voluntary, and finds a factual basis for the Plea. The Plea is therefore accepted and judgment shall be entered in accordance with the terms of this Agreement.

[SUPERIOR COURT JUDGE NAME]
Superior Court Judge Presiding
Date: _______

Appendix A – Factual Basis for the Plea

[Provide concise narrative of the facts constituting each offense, sufficient to satisfy N.C. Gen. Stat. § 15A-1022(c).]

Appendix B – Sentencing Worksheet

1. Offense Class: [ ]
2. Prior Record Level: [ ]
3. Presumptive/Aggravated/Mitigated Range: [ ]–[ ] months
4. Recommended Sentence (consistent with Section III.3): [ ]

[// GUIDANCE: Attach any Victim Impact, Restitution, or DNA requirements mandated by statute.]