State Plea Agreement

STATE OF NEBRASKA

PLEA AGREEMENT

(County Court / District Court of [COUNTY], Nebraska)

TABLE OF CONTENTS

1. Document Header.....................................................1
2. Definitions........................................................3

3. Operative Provisions...............................................4
   3.1 Plea...........................................................4
   3.2 Consideration & Dismissals.....................................4
   3.3 Sentencing Parameters & Guidelines.............................5
   3.4 Restitution & Financial Obligations............................6
   3.5 Conditions Precedent & Subsequent..............................6

4. Representations & Warranties.......................................7

5. Covenants & Restrictions...........................................8
6. Default & Remedies.................................................9
7. Risk Allocation....................................................10
8. Dispute Resolution.................................................10
9. General Provisions.................................................11
10. Execution Block...................................................13

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1. DOCUMENT HEADER

1.1 Title and Parties

This Plea Agreement (“Agreement”) is entered into by and among:

a. The State of Nebraska, by and through the Office of the [COUNTY] County Attorney (“State”); and
b. [DEFENDANT NAME], an individual, (“Defendant”), represented by counsel [DEFENSE COUNSEL NAME], admitted to practice before the courts of the State of Nebraska (“Defense Counsel”).

1.2 Effective Date

This Agreement becomes effective on the date it is accepted on the record by the presiding judge of the [COUNTY] [County Court/District Court] (“Effective Date”).

1.3 Recitals

WHEREAS, the State has filed an Information/Complaint charging Defendant with [LIST CHARGES] arising under Nebraska law;
WHEREAS, the parties desire to resolve the pending charges without trial pursuant to Neb. Rev. Stat. § 29-1816 and related provisions;
WHEREAS, the Defendant acknowledges full understanding of constitutional and statutory rights, including the right to jury trial, confrontation, compulsory process, and privilege against self-incrimination; and
WHEREAS, the Defendant wishes to relinquish said rights and enter a plea under the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth below, the parties agree as follows:

2. DEFINITIONS

Unless otherwise indicated, capitalized terms have the meanings set forth below:

“Agreement” – this State of Nebraska Plea Agreement, including all exhibits and addenda.

“Appeal Waiver” – Defendant’s waiver of the right to appeal as provided in Section 3.5(b).

“Charges” – the criminal counts listed in Section 3.1(a).

“Court” – the [COUNTY] [County Court/District Court] of Nebraska presiding over the case captioned State v. [DEFENDANT NAME], Case No. [CASE NUMBER].

“Guidelines” – Nebraska statutory sentencing ranges set forth in Neb. Rev. Stat. §§ 28-105 to 28-106 (felonies) and §§ 28-106 to 28-118 (misdemeanors), and any applicable Nebraska Supreme Court sentencing advisories.

“Parties” – collectively, the State and the Defendant.

“Plea” – the plea of Guilty or No Contest described in Section 3.1.

3. OPERATIVE PROVISIONS

3.1 Plea

a. Plea to Count(s). Defendant agrees to plead [GUILTY / NO CONTEST] to the following count(s):
• Count [#]: [STATUTE & OFFENSE CLASS].
b. Factual Basis. Prior to acceptance of the Plea, Defendant shall orally acknowledge a factual basis satisfying Neb. Rev. Stat. § 29-1816(2). [Attach “Addendum A – Factual Basis” if preferred.]
c. No Additional Promises. Except as expressly stated herein, no other promises or inducements form part of this Agreement.

3.2 Consideration & Dismissals

a. State’s Obligations. Upon the Court’s acceptance of the Plea and Defendant’s full performance:
i. The State shall move to dismiss the following counts with prejudice: [LIST or “None”].
ii. The State shall recommend sentencing as outlined in Section 3.3.
b. Defendant’s Obligations. Defendant shall:
i. Enter the Plea as set forth;
ii. Waive all rights identified in Section 3.5; and
iii. Comply with all post-plea obligations and Court orders.

3.3 Sentencing Parameters & Guidelines

a. Statutory Range. The offense(s) carry the following potential penalties under the Guidelines:
• Imprisonment: [MINIMUM – MAXIMUM] years;
• Fine: up to $[AMOUNT];
• Post-release supervision as determined by the Court.
b. Joint Recommendation. Subject to the Court’s independent judgment, the Parties jointly recommend:
• Term of incarceration: [TERM] (credit for time served to be determined per Neb. Rev. Stat. § 47-503).
• [Probation or Post-Release Supervision] conditions per Neb. Rev. Stat. § 29-2260 et seq.
• [Fine/Costs/Community Service] as detailed herein.

3.4 Restitution & Financial Obligations

a. Restitution. Defendant shall pay restitution in the amount of $[AMOUNT] to [VICTIM NAME] pursuant to Neb. Rev. Stat. § 29-2280, under a schedule to be set at sentencing.
b. Court Costs & Fees. Defendant is responsible for all statutorily mandated costs, surcharges, and fees.

3.5 Conditions Precedent & Subsequent

a. Court Acceptance. This Agreement is void unless and until the Court, after colloquy under Neb. Rev. Stat. § 29-1816(3), accepts the Plea.
b. Appeal Waiver. Defendant knowingly waives the right to direct appeal of the conviction and any sentence within the limits of Section 3.3(b), except:
i. Claims of prosecutorial misconduct;
ii. Claims of ineffective assistance of counsel;
iii. Sentences exceeding the joint recommendation.
c. Post-Sentence Cooperation. Defendant shall testify truthfully in any related proceeding upon reasonable notice. Failure constitutes a material breach (see § 6).

4. REPRESENTATIONS & WARRANTIES

4.1 Competency. Defendant affirms being of sound mind, not under the influence of intoxicants or medication impairing judgment, and fully competent to enter this Agreement.

4.2 Voluntariness. The Plea is voluntary, not the product of force, threats, or undisclosed promises.

4.3 Counsel Representation. Defense Counsel affirms adequate consultation with Defendant, explanation of rights, and belief that the Plea is in Defendant’s best interest.

4.4 Authority. The State warrants that the undersigned prosecutor is duly authorized to bind the State to this Agreement.

4.5 Survival. The acknowledgments in this Section survive sentencing and any collateral proceedings.

5. COVENANTS & RESTRICTIONS

5.1 No Further Criminal Conduct. From the Effective Date through sentencing, Defendant shall refrain from violations of local, state, or federal law.

5.2 Disclosure Obligations. Defendant must promptly disclose to Defense Counsel and the State any additional criminal investigations of which Defendant becomes aware.

5.3 Contact with Victims. Unless expressly permitted by Court order, Defendant shall have no direct or indirect contact with [VICTIM NAME(S)].

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute default:
a. Withdrawal of the Plea without Court approval;
b. Material misrepresentation during plea colloquy;
c. Failure to provide truthful cooperation (see § 3.5(c));
d. Commission of new criminal offense prior to sentencing.

6.2 Notice & Cure. Upon alleged default, the non-breaching Party shall provide written notice to the Court and opposing counsel. Where curable, Defendant shall have 7 calendar days to cure.

6.3 Remedies. Upon uncured default:
a. The State may declare the Agreement null and void, reinstate dismissed charges, and use Defendant’s statements in any subsequent prosecution;
b. Defendant forfeits any benefit or recommendation herein;
c. The Court may impose any sentence authorized by law.

6.4 Attorney Fees. Each Party bears its own fees unless default is adjudicated willful, in which case the breaching Party shall pay the non-breaching Party’s reasonable attorney fees incurred in enforcing this Agreement.

7. RISK ALLOCATION

7.1 Liability Cap. The Parties acknowledge that Defendant’s maximum exposure is limited to the statutory range recited in Section 3.3(a) (“Agreed Sentence Cap”).

7.2 Indemnification. Not applicable.

7.3 Force Majeure. Not applicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the State of Nebraska.

8.2 Forum Selection. Exclusive jurisdiction and venue lie with the [COUNTY] [County Court/District Court], State of Nebraska (“Forum Court”).

8.3 Arbitration. Not available for criminal matters; any dispute shall be resolved by the Forum Court.

8.4 Jury Waiver. By entering the Plea, Defendant irrevocably waives the right to jury trial on the Charges.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This document constitutes the complete agreement. No oral or written statements outside this Agreement are binding.

9.2 Amendments & Waivers. Amendments require written consent of both Parties and approval by the Court. Waiver of any provision does not constitute waiver of subsequent breaches.

9.3 Assignment. Neither Party may assign rights or obligations hereunder.

9.4 Severability. If any provision is deemed unlawful or unenforceable, it shall be severed and the remainder enforced.

9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including facsimile or electronically signed PDF counterparts, each deemed an original.

9.6 Headings. Headings are for convenience only and do not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

Court Acceptance

The foregoing Plea Agreement is accepted, and the Plea is entered this ____ day of __________, 20___.

___________________________________
Judge [NAME]
[COUNTY] [County Court/District Court], Nebraska