State Plea Agreement - New Jersey

PLEA AGREEMENT — NEW JERSEY SUPERIOR COURT

Required companion documents. Complete the current New Jersey Judiciary plea form and every offense-specific supplemental form. This counsel-use agreement does not replace those forms or the sworn open-court colloquy.

1. GUILTY PLEA

The defendant will plead guilty to:

Charging-document amendment, if any: [________________________________]

2. STATE'S PROMISES

In exchange for the guilty plea, the State will:

• ☐ move to dismiss Count(s) [________________________________];
• ☐ amend or reduce Count(s) [________________________________];
• ☐ recommend the sentence stated below;
• ☐ not oppose the defense request stated below;
• ☐ resolve the following additional indictment / accusation: [________________________________];
• ☐ require a cooperation addendum: [ATTACHED / NOT APPLICABLE];
• ☐ other lawful promise: [________________________________].

Every material term, including any cooperation or global-resolution condition, must be placed on the record in open court under Rule 3:9-3(b).

3. SENTENCING RECOMMENDATION

Counsel must separately verify every offense-specific mandatory term, presumption, parole consequence, registration requirement, and supplemental plea form. Do not infer a sentencing consequence from this generic shell.

4. SWORN RULE 3:9-2 RECORD

Before accepting the plea, the judge will question the defendant on the record and determine:

• ☐ a factual basis exists for every offense;
• ☐ the plea is voluntary;
• ☐ no threat, undisclosed promise, or inducement produced the plea;
• ☐ the defendant understands the nature of every charge;
• ☐ the defendant understands the consequences of the plea;
• ☐ the complete agreement has been disclosed;
• ☐ the defendant reviewed the current plea form and all required supplemental forms with counsel.

The court retains discretion to reject a proposed plea agreement.

5. FACTUAL BASIS

Defendant's sworn factual admissions:

[____________________________________________________________]

[____________________________________________________________]

Additional State proffer, if used:

[____________________________________________________________]

The admissions must establish the elements of each offense of plea. Avoid conclusory statements that do not supply an adequate factual basis.

6. RIGHTS AND CONSEQUENCES REVIEW

The defendant and counsel have reviewed:

• ☐ trial by jury and the State's burden of proof;
• ☐ confrontation and cross-examination;
• ☐ compulsory process and presentation of a defense;
• ☐ privilege against self-incrimination;
• ☐ sentencing exposure and mandatory consequences;
• ☐ immigration consequences;
• ☐ appeal consequences;
• ☐ registration, supervision, forfeiture, licensing, or other offense-specific consequences requiring a supplemental form.

This agreement creates no blanket waiver beyond the plea and the case-specific waivers stated on the current Judiciary forms and record.

7. CONDITIONS BEFORE SENTENCING

• ☐ appear for sentencing;
• ☐ complete the presentence investigation;
• ☐ obey release and no-contact orders;
• ☐ provide cooperation exactly as stated in the attached addendum;
• ☐ other: [________________________________].

There is no private-contract notice-and-cure or attorney-fee mechanism. Any alleged breach or requested remedy must be presented to the criminal court.

8. COURT ACTION AND WITHDRAWAL

• ☐ Court accepts the guilty plea and agreement.
• ☐ Court rejects the plea or agreement.
• ☐ Court defers decision as authorized.
• ☐ Sentencing date: [________________________________].

A motion to withdraw at or before sentencing is governed by Rule 3:9-3(e)'s interests-of-justice standard and judicial discretion. Withdrawal is not automatic and must be sought by motion on the criminal record.

9. COMPLETE AGREEMENT

The complete resolution consists of:

• current Judiciary plea form dated [________________________________];
• supplemental plea form(s): [________________________________];
• this agreement and addendum(s): [________________________________];
• terms placed on the record on [________________________________].

No oral or side promise not disclosed in open court is part of the plea.

10. SIGNATURES

Defendant

I reviewed the complete plea package and understand that the judge must decide whether to accept my plea.

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

Printed name: [________________________________]

Defense counsel

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

Name / Bar No.: [________________________________]

Prosecutor

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

Name / Bar No.: [________________________________]

11. COURT-USE RECORD

• ☐ Defendant sworn
• ☐ Current plea and supplemental forms reviewed
• ☐ Complete terms placed on record
• ☐ Factual basis established
• ☐ Plea voluntary and not induced by undisclosed promise or threat
• ☐ Nature and consequences understood
• ☐ Plea accepted / rejected
• ☐ Other: [________________________________]

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

Sources and References

• New Jersey Rules of Court
• Manual on New Jersey Sentencing Law — March 17, 2026 revision
• State v. Maldonado, No. A-1170-24 (App. Div. Mar. 23, 2026)
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