STATE OF RHODE ISLAND
SUPERIOR COURT OF [COUNTY]
PLEA AGREEMENT
[// GUIDANCE: Provide the county in which the indictment/information is pending.]
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 Parties.
(a) State: The State of Rhode Island, acting by and through the Office of the [Attorney General/City or Town Solicitor] (“Prosecuting Authority”).
(b) Defendant: [DEFENDANT FULL LEGAL NAME], date of birth [DOB], address [ADDRESS] (“Defendant”).
1.2 Case Information.
Superior Court Docket/Indictment No.: [NO.] (“Action”).
1.3 Effective Date.
This Plea Agreement (“Agreement”) is entered and becomes effective on the date it is accepted on the record by the Honorable [JUDGE NAME] of the Rhode Island Superior Court (the “Effective Date”).
1.4 Jurisdiction.
This Agreement is governed by the laws of the State of Rhode Island, including but not limited to R.I. Super. Ct. R. Crim. P. 11, and is subject to approval by the Superior Court sitting in and for [COUNTY].
1.5 Recitals.
WHEREAS, Defendant has been charged with the offenses set forth in Section 3.1 below; and
WHEREAS, the Parties desire to resolve the Action without trial pursuant to applicable Rhode Island plea procedures;
NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows.
2. DEFINITIONS
“Agreement” has the meaning set forth in Section 1.3.
“Court” means the Rhode Island Superior Court before which the Action is pending.
“Dismissed Counts” has the meaning set forth in Section 3.2(b).
“Effective Date” has the meaning set forth in Section 1.3.
“Guidelines” means the then-applicable Rhode Island Sentencing Guidelines.
“Offense(s)” means the charges identified in Section 3.1(a).
“Parties” means, collectively, the Prosecuting Authority and the Defendant.
“Probation Violation” has the meaning provided in R.I. Gen. Laws § 12-19-14.
“Sentencing Hearing” means the proceeding at which the Court will impose sentence pursuant to Section 3.4.
3. OPERATIVE PROVISIONS
3.1 Offenses Subject to Plea.
(a) Defendant is charged with:
• Count 1: [STATUTORY CITATION & NAME OF OFFENSE]
• Count 2: [STATUTORY CITATION & NAME OF OFFENSE]
[// GUIDANCE: List all counts and statutory cites with precision; verify felony/misdemeanor classification.]
3.2 Plea & Disposition of Charges.
(a) Defendant shall plead [GUILTY/NOLO CONTENDERE] to Count [].
(b) Upon the Court’s acceptance of the plea, the Prosecuting Authority shall move to dismiss Counts [] with prejudice (“Dismissed Counts”).
(c) This Agreement binds only the Prosecuting Authority; it does not bind any other state or federal agency.
3.3 Defendant’s Waiver of Rights.
By entering this Agreement, Defendant knowingly, voluntarily, and intelligently waives and relinquishes:
(i) the right to a speedy and public jury trial;
(ii) the right to confront and cross-examine witnesses;
(iii) the privilege against self-incrimination;
(iv) the presumption of innocence;
(v) the right to compulsory process; and
(vi) any collateral attack or direct appeal of the conviction or agreed-upon sentence, except:
• as to ineffective assistance of counsel;
• as to an illegal sentence as defined by R.I. Gen. Laws § 12-19-15; or
• as otherwise mandated by law.
3.4 Sentencing.
(a) Joint Recommendation. The Parties jointly recommend:
• Incarceration: [TERM] (to be served [IN THE ACI / SUSPENDED / SPLIT SENTENCE]).
• Probation: [TERM].
• Restitution: $[AMOUNT] payable on terms set by the Court.
• Special Conditions: [E.G., NO-CONTACT ORDER, SUBSTANCE ABUSE COUNSELING].
(b) Non-Binding Nature. Pursuant to R.I. Super. Ct. R. Crim. P. 11(c)(1)(B), the Court is not bound by the Parties’ recommendation.
(c) Guideline Compliance. The recommended disposition falls within the applicable cell of the Guidelines, or, if outside, the Parties stipulate that substantial and compelling reasons exist for departure as set forth in Schedule 1 attached hereto.
(d) Consecutive/Concurrent Sentences. The Parties agree that the sentence shall run [CONCURRENTLY/CONSECUTIVELY] with the sentence in case no. [__].
(e) Immigration Consequences. Defendant acknowledges potential immigration, removal, or naturalization ramifications. Defendant has been advised to consult independent immigration counsel.
3.5 Cooperation (If Applicable).
Defendant shall provide truthful and complete cooperation regarding [SUBJECT MATTER]. Failure to do so constitutes a material breach under Section 6.1(b).
3.6 Conditions Precedent.
This Agreement is contingent upon:
(a) the Court’s acceptance under R.I. Super. Ct. R. Crim. P. 11; and
(b) Defendant’s representation to the Court, under oath, that the plea is voluntary and has a factual basis.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant.
(a) Competency. Defendant is mentally competent and fully understands the charges and consequences of this Agreement.
(b) Voluntariness. Defendant enters this Agreement freely, without threats or promises other than those contained herein.
(c) Consultation. Defendant has fully discussed the facts and law applicable to the case with counsel of record, [DEFENSE COUNSEL NAME], and is satisfied with counsel’s representation.
4.2 Prosecuting Authority.
(a) Authority. The undersigned prosecutor is duly authorized to enter this Agreement on behalf of the State of Rhode Island.
(b) Disclosure. The Prosecuting Authority has disclosed all material exculpatory evidence in its possession as required by law.
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) Appearances. Defendant shall appear for all scheduled proceedings, including the Sentencing Hearing and any post-sentence reviews.
(b) Conduct Pending Sentencing. Defendant shall commit no new offenses and shall comply with any bail or release conditions.
(c) Financial Disclosure. Upon request, Defendant shall submit a sworn financial statement for restitution determination.
5.2 Prosecuting Authority’s Covenants.
(a) Motion Practice. The Prosecuting Authority shall timely move for dismissal of the Dismissed Counts in accordance with Section 3.2(b).
(b) Sentencing Recommendation. The Prosecuting Authority shall recommend the disposition stated in Section 3.4(a) and shall not advocate for a harsher sentence unless Defendant is in breach.
6. DEFAULT & REMEDIES
6.1 Events of Default.
(a) Defendant defaults if Defendant:
(i) fails to appear;
(ii) commits a new criminal offense prior to sentencing;
(iii) provides materially false information; or
(iv) breaches any cooperation obligations.
(b) Prosecuting Authority defaults if it materially deviates from its obligations in Section 5.2.
6.2 Remedies.
(a) Upon Defendant’s Default:
• The Prosecuting Authority may declare this Agreement null and void;
• All Dismissed Counts may be reinstated;
• Statements made by Defendant during plea negotiations become admissible.
(b) Upon Prosecuting Authority’s Default:
• Defendant may seek specific performance or withdrawal of the plea, at Defendant’s election.
6.3 Notice & Cure.
A non-defaulting Party shall provide written notice of default; the defaulting Party shall have five (5) court days to cure if the default is reasonably capable of cure.
6.4 Attorneys’ Fees.
Each Party bears its own fees and costs arising from enforcement of this Agreement.
7. RISK ALLOCATION
7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. Liability is limited to the agreed sentence and ancillary orders (e.g., restitution).
7.3 Force Majeure. Not applicable to criminal obligations.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the laws of the State of Rhode Island.
8.2 Forum Selection. Exclusive jurisdiction and venue lie with the Rhode Island Superior Court, [COUNTY].
8.3 Arbitration. Not available.
8.4 Jury Waiver. Defendant’s plea waives the right to a jury trial on the charged offenses.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes all prior or contemporaneous agreements, oral or written, relating to the subject matter herein.
9.2 Amendments. Any amendment must be in a writing signed by both Parties and approved by the Court.
9.3 Severability. If any provision is held invalid, the remaining provisions remain in full force, provided the essential purpose of the Agreement is not defeated.
9.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means are valid and binding.
9.5 Successors & Assigns. This Agreement binds the Parties and their respective successors, assigns, and legal representatives, except that Defendant may not assign any rights or obligations.
9.6 Headings. Headings are for convenience only and do not affect interpretation.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.
Defendant
[DEFENDANT NAME]
Date: _____
Defense Counsel Certification
I, ________, counsel for Defendant, certify that I have explained to Defendant the rights waived and the consequences of this Agreement, and that Defendant enters this Agreement knowingly and voluntarily.
[DEFENSE COUNSEL NAME], Esq.
RI Bar No.: _
Date: ________
Prosecuting Authority
[NAME], [TITLE]
Office of the [Attorney General / City or Town Solicitor]
Date: _____
Judicial Acceptance
The foregoing Plea Agreement is hereby accepted and approved. The Court finds that the plea is knowing, voluntary, and supported by an independent factual basis as required by R.I. Super. Ct. R. Crim. P. 11.
Hon. [JUDGE NAME]
Associate Justice, Rhode Island Superior Court
Date: _____
SCHEDULE 1 – SENTENCING GUIDELINE ANALYSIS
[// GUIDANCE: Attach a brief worksheet or narrative explaining offense seriousness level, criminal history category, and any departure factors relied upon.]