State Plea Agreement - Nebraska

STATE PLEA AGREEMENT — NEBRASKA

Counsel-use record. Nebraska does not use a commercial-contract default model for criminal pleas. The court must make the plea record; this writing identifies the parties' promises and does not replace the court's personal examination.

1. PLEA AND CHARGES

Plea selected:

• ☐ Guilty.
• ☐ No contest.
• ☐ Other court-authorized route: [________________________________].

Charging instrument / amendment: [COMPLAINT / INFORMATION / AMENDED FILING / DATE]

2. PROSECUTION TERMS

In exchange for the plea, the prosecution will:

• ☐ move to dismiss Count(s) [________________________________];
• ☐ amend or reduce Count(s) [________________________________];
• ☐ not file the following charge(s): [________________________________];
• ☐ recommend the sentencing position stated below;
• ☐ not oppose the defense sentencing request stated below;
• ☐ other lawful promise: [________________________________].

No charge dismissal is represented as completed until the court enters the required order or record.

3. SENTENCING POSITIONS

The parties acknowledge that the court must impose a lawful sentence. No sentence is described as guaranteed merely because it is recommended in this writing.

Optional deferred-judgment request

• ☐ Defendant requests deferred judgment under Neb. Rev. Stat. § 29-2292.
• ☐ Prosecutor's position: [SUPPORT / OPPOSE / NO POSITION].
• ☐ Eligibility and exclusions separately verified.

Section 29-2292 leaves the decision to the court after the prosecutor and defendant have an opportunity to be heard.

4. PLEA RECORD CHECKLIST

The defendant will be personally examined on the record concerning:

• ☐ the nature of each charge;
• ☐ the right to assistance of counsel;
• ☐ the right to confront witnesses;
• ☐ the right to jury trial;
• ☐ the privilege against self-incrimination;
• ☐ the punishment range for each plea;
• ☐ the factual basis;
• ☐ whether the plea is free, knowing, intelligent, voluntary, and understanding;
• ☐ whether any promise, force, or threat exists outside the disclosed agreement.

For a defendant who is not a United States citizen, the court must give the on-record advisement required by Neb. Rev. Stat. § 29-1819.02 before accepting a guilty or no-contest plea.

5. FACTUAL BASIS

Prosecution's factual presentation:

[____________________________________________________________]

[____________________________________________________________]

Defendant's response / corrections:

[____________________________________________________________]

The parties request that the court determine whether the record establishes a factual basis for every offense of plea.

6. CONDITIONS BEFORE SENTENCING

• ☐ appear for sentencing and all ordered proceedings;
• ☐ participate truthfully in the presentence investigation;
• ☐ obey release and no-contact orders;
• ☐ complete a cooperation addendum stating its precise scope;
• ☐ other: [________________________________].

Any alleged violation must be resolved through lawful procedure. This agreement creates no automatic admission, seven-day cure device, fee-shifting remedy, or blanket statement waiver.

7. APPEAL, WITHDRAWAL, AND COLLATERAL REVIEW

A voluntary guilty or no-contest plea has substantial waiver consequences. This agreement does not create a blanket appeal or postconviction waiver. Any case-specific waiver must be separately stated and reviewed by counsel.

A presentencing request to withdraw a plea is addressed to the court's discretion. Under State v. Kuol, the defendant must establish a fair and just reason by clear and convincing evidence, and withdrawal must not substantially prejudice the prosecution.

8. COMPLETE AGREEMENT

The complete plea resolution consists of:

• this writing;
• incorporated addendum(s): [________________________________];
• terms stated in open court: [________________________________].

No undisclosed promise is part of the plea.

9. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand that the court must determine whether to accept my plea and what lawful sentence to impose.

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

Printed name: [________________________________]

Defense counsel

I reviewed the charges, punishment ranges, plea consequences, immigration issue, factual basis, and stated promises with the defendant.

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

Name / Bar No.: [________________________________]

Prosecutor

The prosecution's complete promises are stated in this agreement and any identified addendum.

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

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Defendant personally examined
• ☐ Rights and punishment ranges addressed
• ☐ § 29-1819.02 advisement given, if applicable
• ☐ Factual basis found
• ☐ Plea free, knowing, intelligent, voluntary, and understanding
• ☐ Plea accepted
• ☐ Sentencing positions identified as recommendations / requests
• ☐ Other: [________________________________]

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

Sources and References

• Neb. Rev. Stat. § 29-1816
• Neb. Rev. Stat. § 29-1819.02
• Neb. Rev. Stat. § 29-2292
• State v. Kuol, 34 Neb. App. 1 (Jan. 20, 2026)