STATE OF SOUTH CAROLINA

[COURT OF GENERAL SESSIONS / MUNICIPAL COURT / MAGISTRATE’S COURT]

COUNTY OF [____]

Case No.: ____

PLEA AGREEMENT

(“Agreement”)

This Plea Agreement (“Agreement”) is entered into as of ___ __, 20_ (the “Effective Date”) by and between:

1. The State of South Carolina, acting by and through the duly-elected Solicitor for the [___] Judicial Circuit (the “State”); and
2. [DEFENDANT NAME], DOB [//_], SID No. [_____] (the “Defendant”).

Collectively, the State and the Defendant are referred to as the “Parties.”

TABLE OF CONTENTS

I. Recitals and Consideration
II. Definitions
III. Operative Provisions
 A. Plea and Charges
 B. Rights Waived by Defendant
 C. Sentencing Terms
 D. Restitution & Financial Obligations
 E. Cooperation (If Applicable)
 F. Appeal & Collateral Attack Waivers
IV. Representations & Warranties
V. Covenants & Continuing Obligations
VI. Default and Remedies
VII. Dispute Resolution & Governing Law
VIII. General Provisions
IX. Signatures
X. Court Acceptance

I. RECITALS AND CONSIDERATION

A. The Defendant has been charged by indictment/information under S.C. Code Ann. § [__] with the offense(s) of ______ (the “Offense(s)”).
B. Pursuant to negotiations under S.C. R. Crim. P. 11, the Parties desire to resolve this matter without trial.
C. In consideration of the mutual promises herein and the Defendant’s waiver of constitutional trial rights, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement:

1. “Agreement” means this Plea Agreement and all attached exhibits and schedules.
2. “Court” means the South Carolina Court of General Sessions (or other identified court) presiding over Case No. ___.
3. “Effective Date” has the meaning set forth in the preamble.
4. “Offense(s)” has the meaning set forth in Recital A.
5. “Rule 11 Proceeding” means the plea colloquy required by S.C. R. Crim. P. 11.
6. “Sentence” means the disposition described in Section III.C.
7. “Violation” means any material breach of this Agreement as defined in Section VI.A.

[// GUIDANCE: Add or remove defined terms to match the complexity of the case.]

III. OPERATIVE PROVISIONS

A. Plea and Charges

1. The Defendant agrees to plead [GUILTY / NOLO CONTENDERE / ALFORD] to the Offense(s) listed in Recital A.
2. The State agrees to move for dismissal of the following counts upon acceptance of this Agreement: ____ [if none, insert “N/A”].

B. Rights Waived by Defendant

By entering this plea the Defendant knowingly, voluntarily, and intelligently waives:
a. The right to plead not guilty and demand a speedy and public jury trial;
b. The right to confront and cross-examine witnesses;
c. The right to compulsory process for obtaining witnesses;
d. The right to remain silent and to be presumed innocent unless proven guilty beyond a reasonable doubt; and
e. The right to testify and to present evidence.

C. Sentencing Terms

1. Binding or Non-Binding Nature: The Parties agree that the Sentence set forth below is [binding upon / a recommendation to] the Court under S.C. R. Crim. P. 11.
2. Agreed Sentence:
   • Incarceration: ___ years (range: _ minimum – _ maximum under S.C. Code Ann. § [__]);
   • Probation: ___ months (if applicable);
   • Credit for Time Served: ___ days;
   • Concurrent / Consecutive: ____.
3. Special Conditions (select all that apply):
   a. Alcohol/Drug treatment as directed by the Department of Corrections (“SCDC”) or Department of Probation, Parole & Pardon Services (“SCDPPPS”);
   b. No-contact order re: [VICTIM NAME];
   c. GPS monitoring for ___ months post-release;
   d. Firearms prohibition per 18 U.S.C. § 922(g) and S.C. Code Ann. § 16-23-30.

[// GUIDANCE: Modify the matrix above to mirror the negotiated sentence.]

D. Restitution & Financial Obligations

1. Restitution in the amount of $_ payable to [VICTIM NAME] through SCDPPPS on or before ___ __, 20.
2. Mandatory assessments, court costs, and fees as required by S.C. Code Ann. §§ 14-1-206 to -214.

E. Cooperation (If Applicable)

1. The Defendant shall provide full, truthful, and continuing cooperation with any ongoing investigations involving ________.
2. Upon substantial assistance, the State [may / shall] file a motion under S.C. Code Ann. § 17-25-65 seeking sentence reduction.

[// GUIDANCE: Delete Section E if no cooperation obligation is negotiated.]

F. Appeal & Collateral Attack Waivers

Except as to claims of (i) ineffective assistance of counsel, (ii) prosecutorial misconduct, or (iii) lack of subject-matter jurisdiction, the Defendant waives:
1. The right to direct appeal under S.C. Code Ann. § 14-3-330; and
2. The right to post-conviction relief under S.C. Code Ann. § 17-27-10 et seq.

IV. REPRESENTATIONS & WARRANTIES

A. Defendant
1. Is fully competent and not under the influence of intoxicants or medications impairing judgment;
2. Has reviewed this Agreement with counsel;
3. Understands the nature of the charges and consequences of the plea; and
4. Enters the plea freely, voluntarily, and without coercion.

B. Defense Counsel
Counsel certifies that (i) they have explained the terms, rights, and consequences to the Defendant; (ii) they believe the Defendant’s plea is knowing and voluntary; and (iii) counsel is unaware of any mental or physical condition rendering the Defendant incompetent.

C. State
1. The undersigned Solicitor is authorized to bind the State to the terms herein; and
2. No promises or inducements other than those expressly contained in this Agreement have been made to the Defendant.

V. COVENANTS & CONTINUING OBLIGATIONS

A. The Defendant shall refrain from violating any federal, state, or local law from the Effective Date through completion of the Sentence.
B. The Defendant shall appear at all sentencing or related hearings as ordered by the Court.
C. The State shall, at sentencing, advocate for the Sentence described in Section III.C unless the Defendant commits a Violation.

VI. DEFAULT AND REMEDIES

A. Violation Defined: Any material breach, including but not limited to (i) failure to appear, (ii) providing false information, (iii) new criminal conduct, or (iv) failure to comply with cooperation obligations.
B. State’s Remedies upon Violation
1. Withdraw from this Agreement;
2. Reinstate any dismissed charges;
3. Use any statements made by the Defendant pursuant to this Agreement in the State’s case-in-chief; and
4. Seek the statutory maximum sentence.
C. Notice & Opportunity to Cure: Where feasible, the State will provide written notice of the alleged Violation to defense counsel at least 72 hours before any motion to void the Agreement.

VII. DISPUTE RESOLUTION & GOVERNING LAW

A. This Agreement is governed by the laws of the State of South Carolina.
B. The Court expressly retains jurisdiction to enforce, interpret, or modify this Agreement.
C. Arbitration is not available.
D. By entering this plea, the Defendant knowingly waives the right to a jury trial on the Offense(s).

VIII. GENERAL PROVISIONS

1. Entire Agreement: This document embodies the complete agreement; no oral promises exist.
2. Amendments: Any modification must be in writing, signed by both Parties, and approved by the Court.
3. Severability: If any provision is held unenforceable, the remainder shall remain in effect.
4. Successors and Assigns: Binding upon and inure to the benefit of the Parties and their respective successors.
5. Counterparts & Electronic Signatures: This Agreement may be executed in counterparts and by electronic signature, each deemed an original.
6. Headings: Headings are for convenience only and do not affect interpretation.

IX. SIGNATURES

X. COURT ACCEPTANCE

Pursuant to S.C. R. Crim. P. 11, the foregoing Plea Agreement is [accepted / rejected]. The Court finds that the Defendant’s plea is knowing, voluntary, and supported by an independent factual basis.

IT IS SO ORDERED.

Date: ___ __, 20_

The Honorable [JUDGE NAME]
Judge, South Carolina [Court] Court

[// GUIDANCE:
1. Attach a separate “Factual Basis” exhibit detailing the evidence supporting each element of the Offense(s).
2. Confirm all statutory citations and maximum penalties before finalizing.
3. If the plea is conditional under S.C. R. Crim. P. 11(a)(2), insert the reserved issue and modify appeal waiver language accordingly.
4. Verify local practice regarding witness or notary requirements for Defendant’s signature.
]