State Plea Agreement - North Dakota

STATE PLEA AGREEMENT

Counsel-use record. North Dakota Rule of Criminal Procedure 11, effective March 1, 2023, governs guilty pleas and plea agreements. North Dakota does not permit a nolo contendere plea. This writing does not replace the verbatim plea record.

1. GUILTY PLEA

Plea selected:

• ☐ Unconditional guilty plea.
• ☐ Conditional guilty plea under Rule 11(a)(2).
• ☐ Guilty plea while maintaining innocence under Rule 11(b)(4)(B).

For a conditional plea, the defendant, defense counsel, and prosecutor must consent in writing; the court must consent and enter an acceptance order; and the judgment must state that the plea is conditional.

Specified pretrial ruling reserved: [MOTION / ORDER / DATE]

[____________________________________________________________]

2. CLASSIFY THE RULE 11(c)(1) TERMS

• ☐ (A) Charge term: do not bring, or move to dismiss, other charges.
• ☐ (B) Nonbinding recommendation: recommend, or not oppose, a requested sentence.
• ☐ (C) Binding-if-accepted term: agree that a specific sentence or range is appropriate.

The court must not participate in plea discussions.

3. CHARGE DISPOSITION

• ☐ dismiss Count(s) [________________________________];
• ☐ amend / reduce Count(s) [________________________________];
• ☐ do not bring [________________________________];
• ☐ other lawful term: [________________________________].

4. SENTENCING TERMS

For a Rule 11(c)(1)(B) recommendation, the defendant has no right to withdraw merely because the court does not follow it. For a rejected (A) or (C) term, Rule 11(c)(5) requires notice and an opportunity to withdraw.

5. DEFENDANT'S UNDERSTANDINGS

The defendant will personally address:

• ☐ guilty-plea and jury-trial rights;
• ☐ counsel, confrontation, silence, testimony, and compulsory-process rights;
• ☐ nature of every charge;
• ☐ maximum punishment, mandatory minimum, mandatory fees, and restitution authority;
• ☐ immigration consequences for a noncitizen;
• ☐ voluntariness and absence of force, threats, or undisclosed promises;
• ☐ complete plea agreement and the court's role.

6. FACTUAL BASIS AND ACKNOWLEDGMENT

Factual presentation:

[____________________________________________________________]

[____________________________________________________________]

Before judgment, the court must find a factual basis and determine that the defendant either acknowledges supporting facts or, while maintaining innocence, knowingly pleads guilty and acknowledges evidence from which a factfinder could reasonably find guilt.

7. DISCLOSURE AND COURT ACTION

• ☐ Agreement disclosed in open court.
• ☐ In-camera disclosure allowed for good cause.
• ☐ Court accepts the agreement.
• ☐ Court rejects the agreement.
• ☐ Court defers decision pending the presentence report.
• ☐ Notification made at arraignment or other court-set pretrial time, absent good cause.

8. CONDITIONS BEFORE SENTENCING

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

Any alleged violation must be decided through lawful procedure. This agreement creates no automatic admission or blanket statement waiver.

9. PLEA EVIDENCE AND WITHDRAWAL

N.D.R.Ev. 410 governs withdrawn guilty pleas, nolo pleas entered elsewhere, plea proceedings, and plea-discussion statements, subject to its stated exceptions. Rule 11(d) separately governs withdrawal before acceptance, before sentence, and after sentence.

10. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the plea type, sentencing track, and court's role.

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

Printed name: [________________________________]

Defense counsel

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

Name / Bar No.: [________________________________]

Prosecutor

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

Name / Bar No.: [________________________________]

11. COURT-USE RECORD

• ☐ Defendant personally addressed
• ☐ Rule 11(b) advice completed
• ☐ Agreement disclosed
• ☐ Recommendation identified as nonbinding
• ☐ Agreement accepted; agreed (A)/(C) disposition will be included in judgment
• ☐ Agreement rejected; applicable withdrawal procedure completed
• ☐ Plea voluntary
• ☐ Factual basis and acknowledgment found
• ☐ Verbatim record made
• ☐ Plea accepted
• ☐ Other: [________________________________]

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

Sources and References

• North Dakota Rule of Criminal Procedure 11 — Pleas
• North Dakota Rule of Evidence 410 — Pleas and related statements
• North Dakota Rules of Criminal Procedure