STATE OF OKLAHOMA
DISTRICT COURT OF [COUNTY] COUNTY
THE STATE OF OKLAHOMA v. [DEFENDANT NAME]
Case No. [CF-XXXX-YYYY]
PLEA AGREEMENT
Effective as of [DATE]
[// GUIDANCE: This template is drafted for use in Oklahoma felony and misdemeanor matters in District Court. It incorporates Oklahoma statutory plea procedures, sentencing guidelines, and standard appellate waivers. Review and tailor all bracketed items, exhibits, and optional provisions to the specific charge(s), defendant, and county practice.]
TABLE OF CONTENTS
I. Document Header ……………………………………………………………… 2
II. Definitions ……………………………………………………………………… 3
III. Operative Provisions ……………………………………………………… 4
IV. Representations & Warranties ………………………………………… 7
V. Covenants & Restrictions ………………………………………………… 9
VI. Default & Remedies ……………………………………………………… 10
VII. Risk Allocation ……………………………………………………………… 11
VIII. Dispute Resolution ………………………………………………………… 11
IX. General Provisions ………………………………………………………… 12
X. Execution Block ……………………………………………………………… 14
Exhibit A – Factual Basis
Exhibit B – Sentencing Guidelines Worksheet
Exhibit C – Victim Impact / Restitution Schedule (if applicable)
I. DOCUMENT HEADER
-
Parties.
a. “State” means the State of Oklahoma, acting by and through the Office of the District Attorney for [COUNTY] County.
b. “Defendant” means [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], SID [OKSID NO.]. -
Recitals.
a. The State has filed an Information/Indictment in the above-styled case alleging the offense(s) listed in Section 3.1.
b. The Parties desire to resolve all pending charges pursuant to Title 22 of the Oklahoma Statutes and applicable Oklahoma Court of Criminal Appeals Rules without the delay, expense, and uncertainty of trial.
c. The Parties enter this Plea Agreement (“Agreement”) in consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged. -
Effective Date; Jurisdiction. This Agreement is effective on the date signed by the last Party to execute it (the “Effective Date”) and is governed by the laws of the State of Oklahoma. The District Court of [COUNTY] County retains exclusive jurisdiction to enforce and interpret this Agreement.
II. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.
“Agreed Sentence” – The period of incarceration, fine, probation, deferred sentence, or any combination thereof identified in Section 3.3.
“Charges” – The specific count(s) listed in Section 3.1.
“Court” – The District Court of [COUNTY] County, State of Oklahoma.
“Defense Counsel” – Licensed attorney of record for Defendant, [ATTORNEY NAME], OBA No. [####].
“Dismissed Charges” – Any count(s) the State agrees to dismiss under Section 3.4.
“Guidelines” – The Oklahoma Uniform Sentencing Act and any applicable statutory minimums or maximums.
“Plea” – Defendant’s plea of “Guilty” or “Nolo Contendere” as specified in Section 3.2.
“Proceedings” – All hearings, sentencing, and post-plea matters in the above-captioned case.
III. OPERATIVE PROVISIONS
3.1 Charges Subject to Plea.
Count [1]: [STATUTE & OFFENSE TITLE] (Felony/Misdemeanor) – Punishable by [STATUTORY RANGE].
Count [2]: [If applicable].
[Add additional counts as needed]
3.2 Plea Entry.
a. Defendant shall appear in open court and enter a Plea of [“Guilty” / “Nolo Contendere”] to each Charge.
b. The Plea will be entered pursuant to Title 22 procedures, including the Court’s colloquy establishing voluntariness, factual basis, and competency.
3.3 Agreed Sentence.
a. Incarceration: [NUMBER] years in the custody of the Oklahoma Department of Corrections (“ODOC”) [WITH/WITHOUT] credit for time served.
b. Suspended/Deferred Portion: [NUMBER] years suspended upon successful completion of conditions in Section 5.2.
c. Fine: $[AMOUNT].
d. Victim Restitution: $[AMOUNT] payable per Exhibit C.
e. Court Costs & Fees: As assessed by the Court Clerk.
f. Probation Supervision: [Yes/No], subject to the standard and special conditions enumerated by the Court.
g. Post-Imprisonment Supervision: As required by law.
[// GUIDANCE: Insert “blind plea” language if sentencing is left open to the Court.]
3.4 Dismissal of Additional Charges. Upon Defendant’s full performance, the State shall move to dismiss:
a. Case No. [CF-XXXX-ZZZZ] (Count [#]), and
b. Any other pending municipal or state charges listed here: [DESCRIBE].
3.5 Waiver of Jury Trial. By entering the Plea, Defendant knowingly, voluntarily, and expressly waives the right to a jury trial on the Charges and any Dismissed Charges.
3.6 Appeal Waiver.
a. Except for claims of (i) ineffective assistance of counsel, (ii) prosecutorial misconduct unknown to Defendant at the time of plea, or (iii) an illegal sentence, Defendant waives the right to appeal or seek post-conviction relief.
b. Defendant retains the right to move to withdraw the Plea within ten (10) days of sentencing as provided by law.
3.7 Immigration Consequences. Defendant acknowledges potential immigration consequences and affirms Defense Counsel has advised accordingly.
3.8 Sex Offender Registration / Driver License Suspension / Firearm Prohibitions. [Include as applicable to offense.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Party represents it has full authority to enter this Agreement.
4.2 Voluntariness. Defendant represents:
a. The Plea is made freely and voluntarily;
b. No force, threats, undisclosed promises, or inducements have been made;
c. Defendant is not under the influence of drugs, alcohol, or medication impairing judgment.
4.3 Competency. Defendant affirms mental competency and understanding of the nature of the proceedings.
4.4 Factual Basis. Defendant admits the factual basis contained in Exhibit A is true and correct.
4.5 Counsel. Defendant confirms having had adequate time to consult with Defense Counsel, who has explained the elements of each offense, possible defenses, sentencing ranges, collateral consequences, and the effect of waivers herein.
4.6 Survival. Each representation and warranty survives entry of judgment and sentencing.
V. COVENANTS & RESTRICTIONS
5.1 Appearance. Defendant shall appear for all scheduled hearings and sentencing and shall not depart the jurisdiction without Court permission.
5.2 Conditions of Suspension/Deferral. While on probation, Defendant shall:
a. Obey all federal, state, municipal, and tribal laws;
b. Report to the supervising officer as directed;
c. Pay all monetary obligations in the manner ordered;
d. Complete [PROGRAMS] (e.g., drug treatment, anger management);
e. Refrain from possessing firearms or other prohibited weapons;
f. Submit to random drug/alcohol testing.
5.3 Cooperation. Defendant shall provide truthful testimony and cooperation in [CASE NO./INVESTIGATION] if requested by the State.
5.4 Victim Rights. Parties shall comply with Oklahoma victims’ rights laws, including timely notice of hearings and the right to be heard at sentencing.
VI. DEFAULT & REMEDIES
6.1 Events of Default. Each of the following constitutes a default:
a. Defendant’s failure to appear;
b. Commission of a new criminal offense prior to completion of the sentence;
c. Material violation of any probation condition;
d. Defendant’s withdrawal of any admission or material misrepresentation.
6.2 State’s Remedies. Upon default, the State may:
a. Withdraw from this Agreement and reinstate all Dismissed Charges;
b. Recommend the maximum sentence allowed by law;
c. Proceed with prosecution of any related offenses.
6.3 Defendant’s Remedies. If the State materially breaches, Defendant may:
a. Seek specific performance; or
b. Move to withdraw the Plea.
6.4 Notice and Opportunity to Cure. Unless public safety otherwise requires, the non-breaching Party shall give written notice of breach and a reasonable opportunity to cure.
6.5 Attorney Fees. In any proceeding to enforce this Agreement, the prevailing Party is entitled to reasonable attorney fees and costs as allowed by law.
VII. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. The Parties agree that, upon the Court’s acceptance of the Plea, the Agreed Sentence constitutes the sole and exclusive measure of Defendant’s criminal liability for the Charges and Dismissed Charges.
7.3 Force Majeure. Not applicable to criminal liability; omitted by agreement.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the laws of the State of Oklahoma.
8.2 Forum Selection. Any dispute arising under or related to this Agreement shall be resolved exclusively by the District Court of [COUNTY] County.
8.3 Arbitration. Not available; expressly waived.
8.4 Jury Waiver. Jury trial is waived pursuant to Section 3.5.
8.5 Injunctive Relief. Not applicable.
IX. GENERAL PROVISIONS
9.1 Integration. This Agreement (including all exhibits) constitutes the entire understanding and supersedes all prior negotiations and agreements.
9.2 Amendment & Waiver. Any amendment must be in writing and signed by all Parties and approved by the Court. A waiver of any provision is not a waiver of any other provision.
9.3 Severability. If any provision is held unlawful or unenforceable, the remaining provisions remain in full force, and the Court may reform the Agreement to effectuate the Parties’ intent.
9.4 Assignment. This Agreement is personal to Defendant and may not be assigned. The State may delegate enforcement to any successor District Attorney.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including facsimile or electronic signatures, each of which is deemed an original.
9.6 Headings. Headings are for convenience only and do not affect interpretation.
9.7 Time of the Essence. All deadlines are of the essence.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Plea Agreement as of the Effective Date.
STATE OF OKLAHOMA
By: ______
[ASSISTANT DISTRICT ATTORNEY NAME]
Assistant District Attorney, District No. [##]
Date: _____
DEFENDANT
[DEFENDANT NAME]
Date: ________
DEFENSE COUNSEL
I have reviewed this Agreement with my client and believe the Plea is knowing and voluntary.
[ATTORNEY NAME], OBA No. [####]
Date: ________
JUDICIAL APPROVAL
The Court has reviewed this Agreement, finds it in accordance with Oklahoma law, and hereby accepts the Plea and imposes the Agreed Sentence (or, if blind plea, will sentence Defendant pursuant to law).
Hon. [JUDGE NAME]
District Judge, [COUNTY] County
Date: ________
Seal & Clerk Attestation as required by local practice
EXHIBIT A
Factual Basis for Plea
[Insert concise, sworn statement of facts establishing each element of each offense.]
EXHIBIT B
Sentencing Guidelines Worksheet
[Attach completed worksheet reflecting statutory range, prior convictions, enhancements, credits, and calculation of Agreed Sentence.]
EXHIBIT C
Victim Impact / Restitution Schedule
[List victims, amounts, and payment instructions. Attach supporting documentation.]
[// GUIDANCE:
1. Verify statutory ranges and enhancements before filling Section 3.1 and Exhibit B.
2. For violent crimes, include mandatory post-imprisonment supervision under 22 O.S. § 991a.
3. If the plea is deferred, replace “Agreed Sentence” with “Deferred Judgment” language and add Section 5.5 regarding expungement eligibility.
4. For youthful offenders, incorporate Title 10A provisions.
5. File executed Agreement with the Court Clerk prior to plea hearing.]