STATE OF OHIO
PLEA AGREEMENT
[// GUIDANCE: This template is drafted for use in Ohio state criminal proceedings. Customize all bracketed terms, add or remove provisions as required by the facts of the case, local court rules, and prosecutorial policy.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title and Parties
This State of Ohio Plea Agreement (the “Agreement”) is entered into by and among:
a. The State of Ohio, acting through the Office of the [COUNTY] County Prosecuting Attorney (“State”); and
b. [DEFENDANT NAME], also known as [ALIASES] (“Defendant”).
1.2 Recitals
WHEREAS, the State has filed an indictment/information in the Court of Common Pleas of [COUNTY] County, Ohio, Case No. [CASE NUMBER], charging Defendant with [LIST COUNTS & STATUTES]; and
WHEREAS, the parties desire to resolve the above-captioned matter without trial pursuant to Ohio Criminal Rule 11 and applicable statutes;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the sufficiency of which is acknowledged, the parties agree as follows.
1.3 Effective Date & Jurisdiction
This Agreement is effective upon acceptance by the Court on the record (“Effective Date”) and is governed by the laws of the State of Ohio.
2. DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below.
“Agreed Sentence” – The jointly recommended sentence described in Section 3.4.
“Court” – The Court of Common Pleas of [COUNTY] County, Ohio, or any successor court exercising jurisdiction over the case.
“Crim.R. 11” – Rule 11 of the Ohio Rules of Criminal Procedure.
“Plea Hearing” – The hearing at which Defendant tenders the Plea and the Court conducts the Crim.R. 11 colloquy.
“Plea” – Defendant’s plea of [GUILTY / NO CONTEST] to the charges identified in Section 3.1.
3. OPERATIVE PROVISIONS
3.1 Plea to Charges
Defendant shall enter a Plea of [GUILTY / NO CONTEST] to the following:
• Count []: [STATUTE] – [OFFENSE DESCRIPTION]
• Count []: [STATUTE] – [OFFENSE DESCRIPTION]
[// GUIDANCE: Delete counts dismissed under the agreement and list them in 3.2.]
3.2 Dismissed Charges
Upon successful completion of all obligations herein and at sentencing, the State shall move to dismiss the following counts with prejudice: [LIST OR “None”].
3.3 Defendant’s Obligations (Pre-Sentencing)
a. Appear at all scheduled court proceedings.
b. Provide truthful cooperation in any related investigations or prosecutions, including [DETAIL SCOPE, IF ANY].
c. Refrain from new criminal conduct.
d. Complete any presentence investigation interview.
3.4 Agreed Sentence
a. Term: The parties jointly recommend that the Court impose [X] months/years of [INCARCERATION / COMMUNITY-CONTROL] plus [POST-RELEASE CONTROL LENGTH, IF FELONY].
b. Financial Sanctions: Restitution in the amount of $[____] to [VICTIM], court costs, and mandatory fines, if any.
c. Additional Conditions: [E.G., TREATMENT, COMMUNITY SERVICE, NO-CONTACT ORDER].
[// GUIDANCE: Under Ohio law, the Court retains ultimate sentencing authority (R.C. 2929.11–.12). The recommendation is not binding unless the plea is pursuant to Crim.R. 11(C)(4) “agreed sentence.”]
3.5 Conditions Precedent
This Agreement is conditioned on:
a. Acceptance of the Plea by the Court after the required Crim.R. 11 colloquy; and
b. Defendant’s complete and truthful performance of Section 3.3.
4. REPRESENTATIONS & WARRANTIES
4.1 By Defendant
a. Competency: Defendant is mentally competent and enters this Agreement knowingly, voluntarily, and intelligently.
b. Counsel: Defendant is represented by counsel [COUNSEL NAME] or knowingly waives such representation.
c. Understanding of Rights: Defendant acknowledges the Court will advise of constitutional rights under Crim.R. 11(B), including the rights to jury trial, to confront witnesses, to compulsory process, to remain silent, and to require proof beyond a reasonable doubt.
d. No Undisclosed Promises: No promises, threats, or inducements exist other than those contained herein.
4.2 By the State
a. Authority: The undersigned prosecutor is duly authorized to enter this Agreement.
b. Disclosure: The State has provided or will provide all exculpatory information known to it in compliance with Brady obligations.
5. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants of Defendant
a. Ongoing Cooperation: Defendant shall testify truthfully upon request in any proceeding related to the offense(s).
b. Restitution Schedule: Defendant shall execute any documents required to facilitate restitution payments.
5.2 Negative Covenants of Defendant
Defendant shall not:
a. Violate any local, state, or federal law.
b. Contact victims or witnesses except through counsel or as authorized by the State.
6. DEFAULT & REMEDIES
6.1 Events of Default
Any of the following constitutes a default:
a. Failure to appear at any court proceeding.
b. Provision of materially false statements to the Court or State.
c. Commission of a new criminal offense prior to sentencing.
6.2 Notice & Opportunity to Cure
The State shall provide written notice to defense counsel of any alleged default. Defendant shall have five (5) days, or such time as the Court may allow, to cure if the default is reasonably curable.
6.3 Remedies
Upon uncured default, the State may:
a. Withdraw from this Agreement in whole or in part;
b. Reinstate dismissed charges;
c. Recommend any lawful sentence up to the maximum permitted by statute.
Attorney fees and costs incurred to enforce this Agreement may be sought as a sanction at the Court’s discretion.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification is not applicable in criminal matters. Liability exposure is limited to the Agreed Sentence.]
7.1 Limitation of Liability
Defendant’s criminal liability shall not exceed the Agreed Sentence absent default under Section 6.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the laws of the State of Ohio.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Court for all matters arising out of this Agreement.
8.3 Waiver of Trial and Jury
By entering the Plea, Defendant knowingly waives the right to trial by jury pursuant to Crim.R. 11(C).
8.4 Appeal Waiver
Defendant knowingly and voluntarily waives the right to appeal the conviction and any sentence imposed consistent with the Agreed Sentence, except:
a. A sentence that exceeds the Agreed Sentence;
b. A clerical error; or
c. A claim of ineffective assistance of counsel.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment must be in writing and signed by all parties and approved by the Court. Waiver of any provision does not constitute waiver of any other provision.
9.2 Assignment
This Agreement is personal to Defendant and may not be assigned.
9.3 Severability
If any provision is held invalid, the remaining provisions remain in full force to the extent practicable.
9.4 Integration
This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures are binding to the fullest extent permitted by law.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date.
State of Ohio
By: ____
[NAME], Assistant Prosecuting Attorney
[COUNTY] County Prosecutor’s Office
Date: ________
Defendant
[DEFENDANT NAME]
Date of Birth: //_
Date: ________
Defense Counsel
[ATTORNEY NAME], Esq.
(OSC # _)
Date: ________
Judicial Acceptance
The Court, having addressed the Defendant pursuant to Ohio Crim.R. 11 and being satisfied that the Plea is made knowingly, voluntarily, and intelligently, hereby accepts the Plea and adopts this Agreement.
[JUDGE NAME]
Judge, Court of Common Pleas
[COUNTY] County, Ohio
Date: _____
[// GUIDANCE: Attach any restitution schedules, factual stipulations, or cooperation addenda as separate exhibits labeled Exhibit A, Exhibit B, etc. Ensure all exhibits are referenced in the body of the Agreement.]