STATE OF NEVADA
DISTRICT COURT, [COUNTY] COUNTY
PLEA AGREEMENT
(Guilty / No Contest)
[// GUIDANCE: This template is drafted for use in Nevada state criminal prosecutions. Customize bracketed language, add or delete clauses to reflect the specific charge(s), venue, and negotiated terms. Confirm local-court rules and standing orders before filing.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Entry of Plea
3.2 Waivers of Rights
3.3 Sentencing Agreement
3.4 Special Conditions
3.5 Factual Basis - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties
This Plea Agreement (the “Agreement”) is entered into as of [DATE] (the “Effective Date”) by and between:
a. The State of Nevada, by and through the Office of the [COUNTY] County District Attorney (the “State”); and
b. [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”).
1.2 Recitals
a. Defendant is charged in Case No. [CASE NUMBER] (the “Case”) with [DESCRIPTION OF CHARGES] (collectively, the “Charge(s)”) under Nevada law.
b. The parties desire to resolve the Case pursuant to NRS 174.035 and applicable Nevada procedural rules without the delay and expense of trial, and to set forth their complete Plea Agreement in writing.
c. In consideration of the mutual promises herein and the Court’s acceptance of Defendant’s plea, the parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below:
“Agreement” – This written Plea Agreement, including all exhibits and schedules incorporated by reference.
“Charge(s)” – The criminal offense(s) identified in Section 1.2(a) or as amended by stipulation and Court approval.
“Court” – The Eighth Judicial District Court, [COUNTY] County, State of Nevada, or any successor tribunal exercising jurisdiction over the Case.
“Effective Date” – The date this Agreement is executed by the last-signing party.
“Parties” – Collectively, the State and Defendant.
“Plea” – Defendant’s plea of (check one) ☐ Guilty / ☐ No Contest to the Charge(s) or amended charge(s) as set forth in Section 3.1.
[// GUIDANCE: Add additional defined terms (e.g., “Probation Department,” “PSI”) if needed.]
3. OPERATIVE PROVISIONS
3.1 Entry of Plea
a. Pursuant to NRS 174.035(1), Defendant shall tender a plea of ☐ Guilty / ☐ No Contest to [AMENDED CHARGE/COUNT] as described in the charging document dated [DATE].
b. The State agrees to move to dismiss the remaining charge(s), if any, at the time of sentencing.
c. The Court’s acceptance of the Plea is a condition precedent to the enforceability of this Agreement.
3.2 Waivers of Rights
By entering the Plea, Defendant knowingly, voluntarily, and intelligently waives the following constitutional and statutory rights:
1. The right to a speedy and public jury trial;
2. The right to confront and cross-examine witnesses;
3. The right to compel witnesses and evidence;
4. The privilege against self-incrimination;
5. The right to appeal the conviction, sentence, and any pre-trial rulings, except as provided in Section 3.2(b); and
6. Any and all other rights inherent in a plea of not guilty.
b. Limited Appellate Rights Preserved. Defendant retains the right to appeal:
i. The legality of the sentence if it exceeds the maximum allowed by statute;
ii. Alleged ineffective assistance of counsel; and
iii. Any jurisdictional defect not waived by law.
[// GUIDANCE: Nevada appellate courts require that any appeal waiver be “knowing and voluntary.” Ensure that the court canvass mirrors this language.]
3.3 Sentencing Agreement
a. Joint Recommendation. The Parties agree to recommend the following to the Court:
i. Sentence: [X]–[Y] months/years in the Nevada Department of Corrections (“NDOC”) ☐ with / ☐ without eligibility for probation pursuant to NRS 176A.100;
ii. Fine: $[AMOUNT] plus statutory assessments;
iii. Restitution: $[AMOUNT] payable to [VICTIM/ENTITY];
iv. Credit for Time Served: [DAYS]; and
v. Special conditions set forth in Section 3.4.
b. Non-Binding on Court. Defendant acknowledges and agrees that sentencing recommendations are not binding on the Court, and the Court may impose any lawful sentence within the statutory range under NRS 193.130 et seq.
c. Agreed Sentence Cap. Notwithstanding Section 3.3(b), the State agrees not to seek a sentence in excess of [CAP DESCRIPTION] (“Agreed Sentence Cap”).
3.4 Special Conditions
a. Probation Terms (if applicable). Conditions shall include, without limitation:
1. Abstain from alcohol and controlled substances;
2. Submit to testing as directed;
3. Complete [TREATMENT PROGRAM] at Defendant’s expense;
4. Perform [HOURS] of community service;
5. Comply with any immigration consequences advise.
b. Immigration Advisory. Defendant acknowledges that a criminal conviction may have immigration consequences, including deportation. Defendant affirms that counsel has advised of such consequences.
3.5 Factual Basis
Defendant stipulates that there is a factual basis for the Plea, specifically that on or about [DATE], in [COUNTY] County, Nevada, Defendant [BRIEF STATEMENT OF FACTS SATISFYING ELEMENTS OF OFFENSE].
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant
a. Competency. Defendant represents that Defendant is mentally competent and not under the influence of intoxicants or medication impairing comprehension.
b. Voluntariness. Defendant has read (or had read to them) this Agreement, has had adequate time to consult with counsel, and enters this Agreement voluntarily.
c. No Other Promises. No officer, agent, or employee of the State or any other person has made any promise, representation, or warranty not expressly contained herein.
4.2 The State
The State represents that the undersigned Deputy District Attorney is duly authorized to enter into this Agreement on behalf of the State.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Covenants
a. Appear at all scheduled court hearings and comply with bail or O.R. conditions.
b. Complete a Pre-Sentence Investigation (“PSI”) and provide truthful, complete information.
c. Refrain from additional criminal conduct from the Effective Date through sentencing and, if placed on probation, during the probationary term.
5.2 State’s Covenants
a. Make the sentencing recommendation identified in Section 3.3.
b. Move to dismiss counts or cases as specifically identified in Section 3.1(b).
6. DEFAULT & REMEDIES
6.1 Defendant Default
Any of the following constitutes a default (“Defendant Default”):
1. Failure to appear at sentencing;
2. Commission of a new criminal offense prior to sentencing;
3. Material misrepresentation to the Court or Probation Department; or
4. Breach of any covenant in Section 5.1.
6.2 State Remedies
Upon Defendant Default, the State may, at its sole election:
a. Void this Agreement in whole or in part;
b. Reinstate any dismissed charges; and/or
c. Recommend any lawful sentence up to the statutory maximum.
6.3 State Default
If the State fails to honor its obligations under Section 5.2, Defendant may seek specific performance of the Agreement or move to withdraw the Plea.
6.4 Attorney Fees
Each Party shall bear its own attorney fees and costs incurred in enforcing this Agreement.
7. RISK ALLOCATION
7.1 Limitation of Liability
The Parties acknowledge that criminal sentencing outcomes are inherently uncertain; however, the Agreed Sentence Cap constitutes the Parties’ negotiated allocation of sentencing risk.
7.2 Indemnification
Not applicable to criminal proceedings.
7.3 Force Majeure
Not applicable.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Nevada.
8.2 Forum Selection
Any dispute regarding the interpretation or enforcement of this Agreement shall be resolved exclusively by the Court.
8.3 Arbitration
Not available.
8.4 Jury Waiver
By virtue of the Plea, Defendant waives the right to a jury trial on the Charge(s).
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Agreement, together with any attachments expressly incorporated herein, constitutes the entire understanding between the Parties and supersedes all prior promises, representations, or agreements.
9.2 Amendments
No amendment or modification of this Agreement is effective unless in writing, signed by the Parties, and approved by the Court.
9.3 Severability
If any provision of this Agreement is held unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Successors & Assigns
This Agreement is personal to Defendant and may not be assigned. It binds and benefits the Parties and their respective successors or assigns by operation of law.
9.5 Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted electronically or by facsimile are deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Plea Agreement as of the Effective Date.
State of Nevada,
Office of the [COUNTY] County District Attorney
[DEPUTY DISTRICT ATTORNEY NAME]
Deputy District Attorney
Date: _______
Defendant
[DEFENDANT FULL NAME]
Date: _______
Defense Counsel Acknowledgment
I certify that I have explained the contents and legal consequences of this Agreement to Defendant and believe Defendant understands them.
[DEFENSE ATTORNEY NAME], Esq.
Nevada Bar No. [BAR #]
Date: _______
COURT APPROVAL AND ACCEPTANCE
The Court, having canvassed Defendant pursuant to NRS 174.035 and NRS 176.165, finds that the Plea is entered knowingly, voluntarily, and intelligently; that a factual basis exists; and that acceptance of the Plea is in the interests of justice. Accordingly, the Plea and this Agreement are hereby accepted.
DISTRICT COURT JUDGE
Date: _______
[// GUIDANCE: Some Nevada districts require notarization of Defendant’s signature; verify local practice. Attach plea-memorandum forms or PSI waivers if mandated.]