State Plea Agreement - New Hampshire

PLEA AND SENTENCING AGREEMENT — NEW HAMPSHIRE

Effective-date alert. This file is verified for July 27, 2026. The Judicial Branch's Rule 11 page marks amendments effective August 3, 2026. Counsel must use the version and Acknowledgment and Waiver of Rights form effective on the hearing date.

1. PLEA AND CHARGES

Plea selected:

• ☐ Guilty.
• ☐ Nolo contendere, with the court's consent.
• ☐ Conditional guilty plea under Rule 11(c)(1-a).

For a conditional plea, the written agreement must identify each ruling reserved for appeal and state that reversal would render the State's case not viable on the specified charge(s).

Reserved ruling(s):

[____________________________________________________________]

2. NEGOTIATED TERMS

In exchange for the plea, the State will:

• ☐ dismiss charge(s) [________________________________];
• ☐ amend charge(s) [________________________________];
• ☐ recommend the sentence stated below;
• ☐ agree to the sentence stated below as a negotiated term;
• ☐ not oppose [________________________________];
• ☐ other lawful term: [________________________________].

Rule 11(c)(1) provides that if the court accepts a plea agreement, the sentence imposed must not violate its terms.

3. SENTENCE TERMS

• ☐ Binding term if agreement accepted.
• ☐ Recommendation only.
• ☐ State will not oppose defense request.
• ☐ Mixed agreement; specify which items are binding: [________________________________].

4. RULE 11 PLEA RECORD

Before accepting the plea, the court will personally address the defendant and determine on the record, as applicable, that:

• ☐ a factual basis exists;
• ☐ the defendant understands the crime and factual basis;
• ☐ the plea is knowing, intelligent, and voluntary;
• ☐ the plea is not the result of unlawful force, threats, or promises;
• ☐ the defendant understands and waives the rights stated in the current approved Acknowledgment and Waiver of Rights form;
• ☐ the defendant understands the possible penalties and disclosed agreement.

The current approved rights form must be read and signed by the defendant, counsel if any, and the presiding justice when Rule 11 requires it.

5. FACTUAL BASIS

State's offer of proof:

[____________________________________________________________]

[____________________________________________________________]

Defendant's response / correction:

[____________________________________________________________]

6. CONDITIONS BEFORE SENTENCING

• ☐ appear as ordered;
• ☐ complete the presentence process;
• ☐ obey release and no-contact orders;
• ☐ complete a cooperation addendum;
• ☐ other: [________________________________].

Any cooperation term must state the required conduct without prescribing testimony or creating an automatic admission. Any alleged violation must be resolved on a lawful record.

7. COURT ACTION AND WITHDRAWAL

At the plea hearing:

• ☐ Court accepts the negotiated plea.
• ☐ Court rejects the negotiated plea.
• ☐ Court defers action as permitted by current procedure.
• ☐ Court sets sentencing under Rule 29.

If the court rejects the plea agreement, Rule 11(c)(2) requires the court to advise the parties and afford the defendant an opportunity to withdraw the guilty or nolo plea.

For a qualifying conditional plea, a notice of appeal must be filed within thirty days after acceptance. If the defendant prevails in whole or in part, Rule 11(c)(1-a) permits withdrawal and supplies the charge-specific procedure stated there.

8. COMPLETE AGREEMENT

The complete plea agreement consists of this writing, the current approved plea/rights form, the following addenda, and the terms disclosed on the record:

[____________________________________________________________]

No undisclosed promise is part of the plea.

9. SIGNATURES

Defendant

I reviewed this agreement and the current Acknowledgment and Waiver of Rights form with counsel.

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

Printed name: [________________________________]

Defense counsel

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

Name / Bar No.: [________________________________]

Prosecutor

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

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Defendant personally addressed
• ☐ Current rights form read and signed
• ☐ Factual basis found
• ☐ Plea knowing, intelligent, voluntary, and uncoerced
• ☐ Agreement accepted / rejected
• ☐ Conditional-plea findings completed, if applicable
• ☐ Sentencing set or imposed under Rule 29
• ☐ Other: [________________________________]

Presiding justice: ______________________________ Date: [__/__/____]

Sources and References

• New Hampshire Rule of Criminal Procedure 11 — Pleas
• New Hampshire Rule of Criminal Procedure 29 — Sentencing Procedures
• New Hampshire Rules of Criminal Procedure