STATE OF NORTH DAKOTA
PLEA AGREEMENT
[// GUIDANCE: This template is drafted for use in North Dakota state criminal prosecutions. Adapt all bracketed placeholders and optional language to the facts of the particular case and to the charging instrument on file.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
This Plea Agreement (the “Agreement”) is entered into and made effective as of [EFFECTIVE DATE] (the “Effective Date”) by and among:
a. The State of North Dakota, acting by and through the Office of the [COUNTY] State’s Attorney (“State”); and
b. [DEFENDANT LEGAL NAME], date of birth [DOB], social security number ending in [*--XXXX] (“Defendant”).
Recitals
A. Defendant has been charged in Case No. [CASE NUMBER] pending in the District Court, [JUDICIAL DISTRICT], State of North Dakota (the “Court”), with the following offenses: [LIST COUNTS & STATUTORY REFERENCES].
B. The parties wish to resolve the above-referenced charges without trial pursuant to North Dakota Rule of Criminal Procedure 11.
C. The parties desire to memorialize the terms and conditions of their agreement and to submit the Agreement to the Court for review and acceptance.
NOW, THEREFORE, in consideration of the mutual promises herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement:
“Agreed Sentence” means the sentencing disposition set forth in Section 3.2.
“Applicable Law” means the North Dakota Century Code, the North Dakota Rules of Criminal Procedure, the North Dakota Rules of Evidence, and any other relevant constitutional, statutory, or regulatory provisions.
“Charge(s)” means each criminal count identified in Recital A.
“Court” has the meaning set forth in the Document Header.
“Effective Date” has the meaning set forth in the Document Header.
“Plea” means Defendant’s plea of [GUILTY/ALFORD/NOLO CONTENDERE] to the Charge(s) as provided in Section 3.1.
3. OPERATIVE PROVISIONS
3.1 Plea. Subject to Court acceptance under N.D. R. Crim. P. 11(b), Defendant shall enter a voluntary, knowing, and intelligent Plea to:
a. [Count __, STATUTE], as [felony/misdemeanor] – Class [A/B/C] [FELONY/MISDEMEANOR];
b. [Repeat for additional counts, or note dismissals].
3.2 Agreed Sentence. Pursuant to N.D. R. Crim. P. 11(c)(1)(C), and contingent on Court approval, the parties jointly recommend the following disposition (“Agreed Sentence”):
a. Incarceration: [TERM] at the North Dakota Department of Corrections and Rehabilitation (“DOCR”), with credit for [JAIL CREDIT] days previously served;
b. Supervised Probation: [TERM] years under standard and special conditions set by the Court;
c. Restitution: $[AMOUNT] payable to [VICTIM NAME] through the Clerk of Court;
d. Fines/Fees: $[AMOUNT] statutory fine, $[AMOUNT] court costs, $[AMOUNT] victim-witness fee;
e. Other Conditions: [E.g., chemical dependency evaluation and compliance, no-contact order, driver’s license suspension, community service].
3.3 Dismissal of Remaining Counts. Upon Defendant’s fulfillment of Section 3.1, the State shall move to dismiss [IDENTIFY COUNTS] with prejudice.
3.4 Conditions Precedent. This Agreement is contingent upon:
a. Defendant’s truthful disclosures during the Rule 11 colloquy;
b. Court acceptance of the Plea and Agreed Sentence;
c. Defendant’s continued compliance with all pre-trial release conditions.
3.5 No Additional Promises. Other than as expressly stated herein, no promises, agreements, or conditions have been entered into by any party.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant represents and warrants that:
a. Competence. Defendant is mentally competent and is not under the influence of any impairing substance;
b. Voluntariness. The Plea is voluntary and not the product of force, threats, or undisclosed promises;
c. Understanding of Rights. Defendant understands the constitutional rights waived by entering the Plea, including the right to jury trial, the right to confront witnesses, and the privilege against self-incrimination;
d. Factual Basis. Defendant acknowledges a factual basis for the Plea as required by N.D. R. Crim. P. 11(b)(3).
4.2 State represents and warrants that:
a. Authority. The undersigned prosecutor has authority to bind the State to this Agreement;
b. Disclosure. The State has provided all material, exculpatory evidence in its possession as required by Applicable Law.
4.3 Survival. The representations and warranties in this Section shall survive entry of judgment and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Defendant Covenants:
a. Appearances. Defendant shall appear at all court dates and comply with all Court orders;
b. Law-Abiding Conduct. Defendant shall not commit new criminal offenses prior to sentencing;
c. Truthfulness. Defendant shall provide truthful information to the Court and the Department of Corrections.
5.2 State Covenants:
a. Sentencing Recommendation. The State shall recommend the Agreed Sentence without modification unless Defendant breaches this Agreement;
b. Victim Input. The State shall convey any victim-impact statements to the Court as required by N.D. Const. art. I, § 25.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute Defendant default:
a. Failure to enter the Plea as agreed;
b. Withdrawal of the Plea without Court approval;
c. Commission of a new criminal offense prior to sentencing;
d. Material misrepresentation to the Court.
6.2 State Remedies. Upon Defendant default, the State may, at its sole option:
a. Withdraw from this Agreement in its entirety;
b. Reinstate any dismissed or amended charges;
c. Use Defendant’s statements made under this Agreement against Defendant in subsequent proceedings, consistent with N.D. R. Crim. P. 11(f).
6.3 Notice & Cure. The State shall provide written notice of default to Defendant’s counsel. Defendant shall have [NUMBER] days to cure any default capable of cure, except that commission of a new offense is incurable.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Liability Cap. The Agreed Sentence constitutes the parties’ complete allocation of criminal liability for the Charge(s).
7.3 Force Majeure. Not applicable to criminal liability; however, non-willful failure to pay monetary obligations due to verifiable indigency shall be addressed pursuant to N.D. Cent. Code § 12.1-32-07.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement, and any dispute arising hereunder, shall be governed by the laws of the State of North Dakota.
8.2 Forum Selection. The District Court, [JUDICIAL DISTRICT], State of North Dakota, shall have exclusive jurisdiction.
8.3 Arbitration. Not available for criminal matters.
8.4 Jury Waiver. By entering the Plea, Defendant knowingly waives all rights to a jury trial on the Charge(s).
8.5 Injunctive Relief. Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations.
9.2 Amendments. No amendment is effective unless in writing and signed by all parties and approved by the Court.
9.3 Severability. If any provision is held invalid, the remaining provisions shall remain in full force, provided the essential terms can still be given effect.
9.4 Assignment. Neither party may assign any rights or obligations hereunder.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means have the same force as originals.
9.6 Headings. Headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
State of North Dakota
By: ______
[PROSECUTOR NAME], [TITLE]
[OFFICE OF STATE’S ATTORNEY]
Date: _______
Defendant
[DEFENDANT NAME]
Date: _______
Defense Counsel
[DEFENSE COUNSEL NAME], ND Bar #[BAR NO.]
Date: _______
Approved as to form and accepted by the Court:
[JUDGE NAME]
Judge of the District Court
Date: _______
(Notary acknowledgment for Defendant, if required by local practice)
[// GUIDANCE:
1. Verify that the Plea colloquy will fully satisfy N.D. R. Crim. P. 11(b), including direct inquiry into voluntariness, factual basis, and waiver of rights.
2. Insert precise statutory citations for each charged offense (e.g., N.D. Cent. Code § 12.1-17-01).
3. For felony cases, confirm compliance with victim-rights notice requirements under N.D. Const. art. I, § 25 and N.D. Cent. Code ch. 12.1-34.
4. If an Alford or nolo contendere plea is contemplated, ensure the Court is willing to accept it and adjust Recitals and Section 3 accordingly.
5. Appeal Waiver: If the parties intend a more expansive waiver (e.g., of collateral attacks), add a standalone subsection detailing the specific rights waived and explicitly reference N.D. R. Crim. P. 11(a)(2). Courts scrutinize such waivers for voluntariness and specificity.
6. Monetary obligations: Provide defendant with a clear payment schedule or ability-to-pay hearing date to avoid later constitutional challenge.
7. Keep a signed original in the prosecutorial file and lodge a copy with the clerk prior to the plea hearing.]