COMMONWEALTH OF PENNSYLVANIA
PLEA AGREEMENT
(Template – Pennsylvania State Criminal Matter)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Insert page numbers during final formatting if the court requires a paginated document.]
1. DOCUMENT HEADER
1.1 Parties
a. The Commonwealth: The Commonwealth of Pennsylvania, acting through the Office of the District Attorney of [COUNTY] County (“Commonwealth”).
b. Defendant: [DEFENDANT FULL LEGAL NAME], a natural person, DOB [MM/DD/YYYY], currently residing at [ADDRESS] (“Defendant”).
c. Defense Counsel: [DEFENSE ATTORNEY NAME], Esquire, PA I.D. No. [_], of [LAW FIRM], counsel of record for Defendant (“Defense Counsel”).
1.2 Effective Date
This Plea Agreement (“Agreement”) is effective upon the latest signature date below (“Effective Date”) and is subject to acceptance by the Court of Common Pleas of [COUNTY] County (“Court”).
1.3 Jurisdiction & Venue
This Agreement is governed exclusively by Pennsylvania criminal law, rules of criminal procedure, and applicable sentencing guidelines. Venue lies in the Court.
1.4 Recitals
a. The Defendant is charged at Docket No. [DOCKET NUMBER] with:
i. Count 1 – [STATUTE/CHARGE] (F[]/M[]);
ii. Count 2 – [STATUTE/CHARGE];
iii. etc.
b. The Parties desire to resolve the above-captioned case through a negotiated plea in the interests of justice and judicial economy.
c. In consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall be interpreted in context and consistent with Pennsylvania criminal practice.
“Agreement” – This Plea Agreement, including all addenda and schedules.
“Commonwealth” – The Commonwealth of Pennsylvania acting through the District Attorney’s Office.
“Court” – The Court of Common Pleas of [COUNTY] County, Pennsylvania, Criminal Division.
“Defendant” – The individual identified in Section 1.1(b).
“Guidelines” – The Pennsylvania Sentencing Guidelines in effect on the date of sentencing.
“New Offense” – Any misdemeanor or felony offense committed by Defendant after the Effective Date and prior to final disposition.
“Restitution” – Financial amounts ordered by the Court to compensate any victim for loss.
[// GUIDANCE: Add or delete defined terms to align with the specific case.]
3. OPERATIVE PROVISIONS
3.1 Plea
a. Charge(s) to Be Disposed: Defendant shall plead [“Guilty” / “Nolo Contendere”] to:
• Count [__] – [SPECIFIC CHARGE].
b. Charges to Be Withdrawn or Nolle Prossed: Upon successful completion of all obligations, the Commonwealth shall move to nolle prosse or withdraw the remaining counts listed in Section 1.4(a).
3.2 Agreed-Upon Sentence
Subject to Court approval:
a. Incarceration: [X] months [minimum] to [Y] months [maximum] in a State Correctional Institution / County Facility, concurrent / consecutive to [OTHER DOCKETS].
b. Probation/Parole: [TERM] years, standard and special conditions as imposed by the Court.
c. Restitution: $[AMOUNT] payable per a schedule approved by the Court and Probation Department.
d. Fines/Costs: All statutory fines, fees, and court costs to be assessed.
[// GUIDANCE: If the Commonwealth and defense agree to a negotiated range rather than a fixed sentence, replace 3.2(a) with “open-ended within the standard range of the Guidelines.”]
3.3 Conditions Precedent
This Agreement becomes binding only upon:
a. Defendant’s complete and truthful allocution;
b. The Court’s acceptance of the plea and sentence under Pa. R. Crim. P. 590; and
c. Defendant’s compliance with any presentence investigation (“PSI”) process as ordered.
3.4 Waiver of Trial Rights
By entering this plea, Defendant knowingly, voluntarily, and intelligently waives:
a. The right to trial by jury;
b. The right to confront and cross-examine witnesses;
c. The privilege against self-incrimination at trial; and
d. The presumption of innocence.
3.5 Appeal Waiver
Except as to the legality of sentence, jurisdiction of the Court, or ineffective assistance of counsel claims, Defendant knowingly and voluntarily waives the right to direct appeal of the conviction and sentence.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations
a. Competency: Defendant is mentally competent and not under the influence of substances impairing judgment.
b. Voluntariness: No threats or promises, other than those contained herein, induced this plea.
c. Factual Basis: Defendant acknowledges a factual basis exists for the plea.
4.2 Commonwealth’s Representations
a. Authority: The undersigned Assistant District Attorney (“ADA”) has authority to bind the Commonwealth.
b. Full Disclosure: All known exculpatory evidence has been disclosed to Defense Counsel.
4.3 Survival
The representations and warranties in this Section survive acceptance of the plea and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Covenants
a. Appear at all scheduled court proceedings.
b. Refrain from committing any New Offense before final disposition.
c. Comply with any bail, supervision, or treatment conditions.
5.2 Commonwealth’s Covenants
a. Support imposition of the sentence described in Section 3.2.
b. Move to dismiss or nolle prosse charges as agreed.
5.3 Notice; Opportunity to Cure
If the Commonwealth believes Defendant breached any covenant, written notice shall be provided to Defense Counsel. Defendant shall have seven (7) days – or until the next scheduled court event, whichever is sooner – to cure the breach if curable.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to Appear.
b. Commission of a New Offense.
c. Material misrepresentation during allocution or PSI.
6.2 Commonwealth Remedies
Upon default, the Commonwealth may, in its sole discretion:
i. Withdraw from this Agreement;
ii. Reinstate or refile any dismissed charges; and
iii. Introduce Defendant’s admissions in subsequent proceedings.
6.3 Court’s Discretion Unaffected
Nothing herein limits the Court’s authority to impose any lawful sentence upon withdrawal of this Agreement.
6.4 Attorneys’ Fees
If Defendant litigates the validity of this Agreement and it is upheld, Defendant shall be responsible for the Commonwealth’s reasonable attorneys’ fees incurred in enforcement.
7. RISK ALLOCATION
7.1 Limitation of Liability
The Parties acknowledge that the sole measure of liability for breach is the sentencing exposure and criminal penalties contemplated herein (“Agreed Sentence”). No civil indemnification is created or implied.
7.2 Force Majeure
If Court operations are suspended due to emergency circumstances (e.g., natural disaster, public health emergency), deadlines and obligations are tolled until normal operations resume.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement is governed by the substantive and procedural law of the Commonwealth of Pennsylvania.
8.2 Forum Selection
Any dispute arising under or relating to this Agreement shall be resolved exclusively by the Court of Common Pleas of [COUNTY] County, Criminal Division.
8.3 Arbitration
Arbitration is not available for criminal matters and is expressly waived.
8.4 Jury Waiver
Defendant reaffirms the waiver of jury trial rights set forth in Section 3.4.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This document constitutes the entire agreement between the Parties and supersedes all prior discussions.
9.2 Amendments
No amendment is effective unless in writing and signed by both Parties and approved by the Court.
9.3 Assignment
Neither Party may assign rights or delegate duties hereunder.
9.4 Severability
If any clause is deemed unenforceable, the remainder shall remain in full force to the extent practicable.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) are binding.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Commonwealth of Pennsylvania
By: _____
Name: [ADA NAME], Esq.
Title: Assistant District Attorney
Date: _________
Defendant
[DEFENDANT NAME]
Date: ______
Defense Counsel (Certification of Consultation)
I certify that I have explained the terms, consequences, and rights waived by this Agreement to the Defendant, who appears to understand and voluntarily accept them.
[DEFENSE ATTORNEY NAME], Esq.
PA I.D. No. [__]
Date: ______
Judicial Acceptance
The foregoing Plea Agreement is hereby reviewed and:
☐ Accepted ☐ Rejected
Judge [NAME], J.
Court of Common Pleas, [COUNTY] County
Dated: _____
[// GUIDANCE: Some Pennsylvania counties require notarization or additional witness signatures. Confirm local practice.]