STATE OF NEW HAMPSHIRE

SUPERIOR COURT ‒ [COUNTY]

DOCKET NO. [____]

PLEA AND SENTENCING AGREEMENT

(the “Agreement”)

TABLE OF CONTENTS

1. Document Header …………………………………………………………… 1
2. Definitions ………………………………………………………………………… 2
3. Operative Provisions ………………………………………………………… 3
4. Representations & Warranties ………………………………………… 5
5. Covenants & Restrictions ………………………………………………… 6
6. Default & Remedies ………………………………………………………… 7
7. Risk Allocation ……………………………………………………………… 8
8. Dispute Resolution ………………………………………………………… 8
9. General Provisions ………………………………………………………… 9
10. Execution Block …………………………………………………………… 11

[// GUIDANCE: Page numbers will auto-update in word-processing software.]

1. DOCUMENT HEADER

1.1 Parties.
This Plea and Sentencing Agreement (the “Agreement”) is entered into by and between:
a. The State of New Hampshire, acting through the Office of the County Attorney for [COUNTY] (the “State”); and
b. [DEFENDANT FULL LEGAL NAME], date of birth [MM/DD/YYYY], currently residing at [ADDRESS] (the “Defendant”).

1.2 Effective Date.
This Agreement is effective upon the latest date of signature by the Parties (the “Effective Date”) and is subject to the Court’s acceptance as set forth herein.

1.3 Recitals.
WHEREAS, the Defendant has been charged by indictment/information with the offenses identified in Section 3.1 (collectively, the “Charges”);
WHEREAS, the Parties desire to resolve the Charges without trial in accordance with New Hampshire law and Rules of Criminal Procedure governing plea agreements;
WHEREAS, in consideration of the promises and mutual covenants herein, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms shall have the meanings set forth below:

“Agreement” has the meaning set forth in the caption.
“Charges” means the criminal offenses described in Section 3.1.
“Court” means the [COUNTY] Superior Court of the State of New Hampshire.
“Defendant” has the meaning given in Section 1.1(b).
“Effective Date” has the meaning given in Section 1.2.
“Guidelines” means the applicable New Hampshire statutory sentencing ranges and any advisory sentencing factors promulgated by rule or statute.
“Parties” means, collectively, the State and the Defendant.
“Sentence” means the final disposition ordered by the Court under Section 3.3.
“State” has the meaning given in Section 1.1(a).
“Violation” has the meaning set forth in Section 6.1.

[// GUIDANCE: Add or delete defined terms as necessary for the specific case.]

3. OPERATIVE PROVISIONS

3.1 Plea to Charges.
a. The Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to the following Counts:

b. The State agrees to move for dismissal of any remaining counts listed in the indictment/information at the time of sentencing.

3.2 Rights Waived.
By entering this plea, the Defendant knowingly, voluntarily, and intelligently waives the following rights:
(i) the right to plead not guilty and proceed to trial;
(ii) the right to a jury trial;
(iii) the right to confront and cross-examine witnesses;
(iv) the right to compel witnesses and evidence;
(v) the privilege against self-incrimination; and
(vi) the right to appeal or otherwise collaterally attack the conviction and Sentence as set forth in Section 3.5.

3.3 Sentencing Recommendation & Agreed Disposition.
a. The Parties jointly recommend that the Court impose the following Sentence, all terms to run [concurrently / consecutively] unless otherwise specified:

• Incarceration: [] years in the New Hampshire State Prison / [] days in the House of Corrections, with [] years/days suspended for a period of [] years conditioned on good behavior and compliance with probation.
• Probation: [] years, standard and special conditions attached as Exhibit A.
• Fine: $[], plus statutory penalty assessment.
• Restitution: $[__] payable pursuant to a payment schedule approved by the Court.
• Other Conditions: [e.g., counseling, no-contact orders, driver’s license suspension].

b. The Parties agree that the Court is not bound by this recommendation but that, if the Court declines to follow it, the Defendant may withdraw the plea pursuant to Section 6.2.

3.4 Guidelines and Factual Basis.
a. The Parties stipulate that the recommended Sentence falls within the applicable Guidelines or, if outside, that the deviation is justified by the factors stated on the record.
b. The Defendant agrees that a factual basis for the plea exists and will be stated in open court.

3.5 Appeal Waiver.
Except as provided below, the Defendant waives the right to appeal the conviction, the Sentence, and any pre-trial rulings. The waiver does not apply to:
(i) a sentence greater than that set forth in Section 3.3;
(ii) claims of prosecutorial misconduct unknown to the Defendant at the time of plea;
(iii) ineffective assistance of counsel; or
(iv) any subsequent change in law that is made retroactively applicable by the legislature or the New Hampshire Supreme Court.

3.6 Court Approval.
This Agreement is contingent upon acceptance by the Court after colloquy with the Defendant pursuant to the Rules of Criminal Procedure. If the Court declines to accept any material term, either Party may declare the Agreement null and void.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant’s Representations. The Defendant represents and warrants that:
a. Competence. The Defendant is competent and not under the influence of drugs, alcohol, or mental incapacity.
b. Voluntariness. The plea is voluntary and not the result of force, threats, or promises other than those set forth herein.
c. Counsel. The Defendant has had the assistance of competent counsel, has fully discussed the case and this Agreement, and is satisfied with counsel’s representation.
d. Truthfulness. All information provided to the State is, to the best of the Defendant’s knowledge, true and complete.

4.2 State’s Representations. The State represents and warrants that:
a. Evidence. The State’s evidence supports the Charges and the factual basis for the plea.
b. Authority. The undersigned prosecutor is authorized to settle the matter on the terms stated herein.
c. Disclosure. The State has complied with its discovery obligations.

4.3 Survival. The representations and warranties in this Section survive the Court’s acceptance of the plea and the imposition of Sentence.

5. COVENANTS & RESTRICTIONS

5.1 Defendant’s Covenants.
a. Future Conduct. The Defendant shall commit no further criminal offenses and shall comply with all laws.
b. Compliance with Conditions. The Defendant shall adhere to all conditions of bail, probation, and the Sentence.
c. Cooperation (if applicable). The Defendant shall provide truthful cooperation in [describe investigation or case] as detailed in Exhibit B.

5.2 State’s Covenants.
a. Recommendation. The State shall recommend the Sentence described in Section 3.3 and will not advocate for a greater penalty.
b. Dismissal of Counts. The State shall move to dismiss the counts identified in Section 3.1(b) at sentencing.

6. DEFAULT & REMEDIES

6.1 Events of Default (“Violation”). Any of the following constitutes a Violation:
a. The Defendant’s failure to appear for any court date;
b. The Defendant’s commission of a new criminal offense before final discharge of Sentence;
c. Any material breach of this Agreement or of probation conditions;
d. The Defendant’s intentional provision of materially false information to the State.

6.2 Remedies. Upon a Violation, the State may, at its sole election:
a. Withdraw from this Agreement and reinstate any dismissed charges;
b. Seek sentencing on all original charges without regard to the recommendations herein; or
c. Petition the Court to impose any suspended portion of the Sentence.

The Defendant shall receive credit for any time previously served.

6.3 Notice & Opportunity to Cure. When feasible, the State shall provide written notice of the alleged Violation to defense counsel, and the Defendant shall have seven (7) days to respond before the State seeks relief, except in cases involving new criminal conduct or flight.

[// GUIDANCE: Modify cure period to align with local practice.]

7. RISK ALLOCATION

7.1 Limitation of Liability. The Parties acknowledge that, in criminal proceedings, the Defendant’s exposure is limited to the statutory penalties applicable to the Charges and the Sentence imposed by the Court. No civil indemnification or monetary damages are contemplated.

7.2 No Indemnification. Consistent with criminal-law principles, neither Party provides indemnification to the other.

7.3 Force Majeure. Incarceration, illness, or other events beyond the Defendant’s reasonable control that materially affect performance of non-custodial obligations (e.g., restitution payments) shall be addressed by the Court upon motion.

8. DISPUTE RESOLUTION

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

8.2 Forum Selection. The Superior Court for [COUNTY], State of New Hampshire, retains exclusive jurisdiction to interpret and enforce this Agreement.

8.3 Arbitration. Arbitration is not available in criminal matters and is expressly disclaimed.

8.4 Jury Waiver. By entering this plea, the Defendant waives the right to trial by jury as set forth in Section 3.2.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior plea offers or negotiations.

9.2 Amendments. Any modification must be in writing, signed by both Parties, and approved by the Court.

9.3 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, provided the material purposes are not frustrated.

9.4 Headings. Section headings are for convenience only and do not affect interpretation.

9.5 Assignment. Neither Party may assign rights or obligations under this Agreement.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by reliable electronic means, each of which shall be deemed an original.

10. EXECUTION BLOCK

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

STATE OF NEW HAMPSHIRE
Office of the County Attorney, [COUNTY]

By: _____
Name: [PROSECUTOR NAME]
Title: County Attorney / Assistant County Attorney
Date: __

DEFENDANT

By: _____
[DEFENDANT FULL LEGAL NAME]
Date: __

DEFENSE COUNSEL (Acknowledgment of Counsel)

By: _____
Name: [ATTORNEY NAME], Esq.
Bar No.: [__]
Date: __

COURT ACCEPTANCE

The foregoing Plea and Sentencing Agreement is hereby ACCEPTED / REJECTED this _ day of _, 20___.

Hon. [JUDGE NAME]
Justice, New Hampshire Superior Court

[Seal (if applicable)]

EXHIBIT A

Standard & Special Conditions of Probation
[Attach or list conditions]

EXHIBIT B (Optional)

Cooperation Agreement
[Detail any cooperation obligations]

[// GUIDANCE:
1. Verify charge citations and sentencing ranges for the specific case.
2. Tailor the appeal-waiver scope to evolving New Hampshire precedent.
3. Confirm local rules regarding electronic signatures and whether notarization is required for the Defendant’s signature.
4. Insert restitution payee information and payment schedule if restitution is ordered.
5. Review with client in open court to satisfy Rule 11 colloquy requirements.]