State of South Dakota

Circuit Court – [___] Judicial Circuit

County of [COUNTY]

Case No.: [###]

PLEA AGREEMENT

(Court-Ready Template – South Dakota)

Table of Contents

1. Document Header
2. Recitals
3. Definitions
4. Operative Provisions
   4.1 Charges and Plea
   4.2 Factual Basis
   4.3 Rights Waived by Defendant
   4.4 Sentencing Guidelines & Recommendations
   4.5 Restitution, Fees, and Assessments
   4.6 Cooperation (Optional)
   4.7 Appeal Waiver
   4.8 Disclosure to the Court
5. Representations & Warranties
6. Covenants
7. Breach, Default & Remedies
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

This Plea Agreement (the “Agreement”) is entered into and made effective as of [DATE] (the “Effective Date”) by and between:

• The State of South Dakota (the “State”), acting by and through the Office of the [State’s Attorney/Attorney General] for [COUNTY], and

• [DEFENDANT FULL LEGAL NAME], a natural person, Social Security No. [###-##-####], DOB [MM/DD/YYYY] (the “Defendant”), appearing personally and through counsel, [DEFENSE COUNSEL NAME], Esq. (“Defense Counsel”).

The foregoing parties are collectively referred to as the “Parties.”

2. RECITALS

WHEREAS, the State has filed an Information/Indictment in the above-captioned matter charging Defendant with [LIST COUNTS, STATUTES & CLASSIFICATION];

WHEREAS, the Parties seek to resolve all charges without trial in accordance with South Dakota Codified Laws Title 23A, Chapter 7 (the “SD Plea Statutes”) and applicable local rules;

WHEREAS, Defendant affirms a desire to enter a plea of [GUILTY / NOLO CONTENDERE] pursuant to this Agreement; and

WHEREAS, the Parties enter into this Agreement voluntarily, knowingly, and with the advice of competent counsel.

NOW, THEREFORE, in consideration of the mutual promises herein, the Parties agree as follows:

3. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined have the meanings given in the SD Plea Statutes.

“Agreement” – This Plea Agreement, including any schedules, addenda, and amendments.
“Court” – The Circuit Court for the [___] Judicial Circuit, State of South Dakota, assigned to the above-captioned case.
“Guidelines” – The statutory sentencing ranges in SDCL §§ [PLACEHOLDER] applicable to each offense of conviction.
“Restitution” – Court-ordered payment to victims under SDCL ch. 23A-28 or other applicable law.
“Breach” – Any material failure by a Party to perform an obligation under this Agreement, as further described in Section 7.

4. OPERATIVE PROVISIONS

4.1 Charges and Plea

(a) Charges to Be Dismissed. Upon final acceptance of this Agreement by the Court and sentencing, the State agrees to move to dismiss the following counts with prejudice: [LIST OR “None”].

(b) Plea. Defendant shall plead [GUILTY / NOLO CONTENDERE] to the following charge(s):

• Count [#]: [STATUTE], a [Class ___ Felony / Class ___ Misdemeanor].

(c) Binding vs. Non-Binding. The Parties agree this plea is [binding under SDCL 23A-7-8 / non-binding and subject to Court approval].

[// GUIDANCE: In South Dakota, a “binding” plea under SDCL 23A-7-8 limits the Court’s sentencing discretion to the agreed terms. Use with caution; otherwise designate the plea as non-binding.]

4.2 Factual Basis

Defendant stipulates that the following facts, had the matter proceeded to trial, are true and correct and establish a factual basis for the plea:

1. On or about [DATE], in [COUNTY], South Dakota …
2. [ADDITIONAL ELEMENTS CORRESPONDING TO STATUTE]
3. Defendant’s conduct violated [STATUTE].

4.3 Rights Waived by Defendant

By entering this plea, Defendant knowingly and voluntarily waives the following rights:

1. The right to a speedy and public trial, including a trial by jury.
2. The right to confront and cross-examine witnesses.
3. The right to compel the attendance of witnesses and present evidence in defense.
4. The privilege against self-incrimination at trial.
5. The right to appeal or collaterally attack the conviction and sentence except as reserved in Section 4.7.

4.4 Sentencing Guidelines & Recommendations

(a) Statutory Range. Each charge carries the following statutory penalty: [INSERT MAXIMUM TERM, FINE, and any mandatory minimum].

(b) Sentencing Recommendation. The Parties jointly recommend:

• Incarceration: [] months/years in the [state penitentiary/county jail], suspended [IN WHOLE/PART] on conditions stated herein.
• Probation: [] years, standard terms plus special conditions listed in Section 6.
• Fine: $[___], or as determined by the Court.
• Credit for Time Served: [YES / NO].

(c) Agreed Sentence Cap. The Parties agree that any sentence imposed shall not exceed the terms in subsection (b) (“Agreed Sentence”).

(d) Court’s Discretion. The Court retains final authority to accept or reject this Agreement pursuant to SDCL ch. 23A-7. If the Court rejects the Agreement, Defendant may withdraw the plea without prejudice.

4.5 Restitution, Fees, and Assessments

Defendant shall:

1. Pay restitution in the amount of $[] to [VICTIM NAME] within [] days of sentencing;
2. Pay all statutorily mandated court costs, surcharges, and prosecution fees; and
3. Submit to collection procedures authorized by SDCL ch. 16-2 and 23A-28A for unpaid amounts.

4.6 Cooperation (Optional)

[This subsection is delete-as-needed.] Defendant agrees to provide truthful cooperation in [SPECIFIC INVESTIGATION / CASE], including [TESTIMONY / DOCUMENT PRODUCTION], subject to constitutional protections. Failure to cooperate constitutes a Breach.

4.7 Appeal Waiver

Except for: (i) claims of ineffective assistance of counsel, (ii) a sentence exceeding the Agreed Sentence, or (iii) the Court’s rejection of this Agreement, Defendant waives the right to appeal or collaterally attack the conviction, sentence, or any other matter arising from this prosecution.

4.8 Disclosure to the Court

The entire Agreement, including any cooperation addendum, will be disclosed to the Court in open session as required by SDCL ch. 23A-7.

5. REPRESENTATIONS & WARRANTIES

5.1 State’s Authority. The undersigned prosecutor represents that s/he is duly authorized to enter this Agreement on behalf of the State.

5.2 Defendant’s Competence. Defendant represents that s/he:

(a) is competent to enter this plea;
(b) has read and fully understands this Agreement;
(c) has had a full opportunity to consult with Defense Counsel; and
(d) enters this Agreement voluntarily and free from coercion.

5.3 Defense Counsel’s Certification. Defense Counsel certifies that s/he has reviewed this Agreement with Defendant, believes Defendant to be competent, and that the plea is voluntary and knowing.

6. COVENANTS

6.1 Standard Probation Conditions. If probation is imposed, Defendant shall comply with all standard conditions of probation as established by the South Dakota Unified Judicial System.

6.2 Special Conditions. Defendant shall additionally:

1. [E.g., complete chemical dependency evaluation within 30 days];
2. [E.g., refrain from contact with victim(s)];
3. [E.g., perform ___ hours of community service].

6.3 Notice & Cure. Except for new criminal conduct, Defendant is entitled to written notice of any alleged probation violation and a reasonable opportunity to cure, subject to the Court’s discretion.

7. BREACH, DEFAULT & REMEDIES

7.1 Breach by Defendant. A “Breach” occurs if Defendant:

(a) fails to appear for sentencing or any required hearing;
(b) provides materially false information to the Court or Probation;
(c) violates any provision of Sections 4.5, 4.6, or 6; or
(d) commits any new offense prior to final disposition.

7.2 Consequences. Upon Breach, the State may, at its sole option:

1. Declare this Agreement null and void;
2. Reinstate any dismissed charges; and/or
3. Recommend any lawful sentence up to the statutory maximum.

7.3 Breach by State. If the State materially deviates from its obligations, Defendant may seek specific performance or withdrawal of the plea, at Defendant’s election.

8. GENERAL PROVISIONS

8.1 Entire Agreement. This document constitutes the complete agreement of the Parties and supersedes all prior understandings.

8.2 Amendments. No amendment is valid unless in writing, signed by all Parties, and approved by the Court.

8.3 Severability. If any provision is held unlawful, the remainder of the Agreement remains enforceable.

8.4 Governing Law & Venue. This Agreement is governed by South Dakota criminal law. Exclusive venue lies in the Circuit Court for [COUNTY]. Arbitration is not available.

8.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by electronic or scanned signature, each of which is deemed an original.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties hereby execute this Agreement as of the Effective Date.

STATE OF SOUTH DAKOTA

By: _____
[NAME], [Title]
Office of the [State’s Attorney/Attorney General]
Date: _________

DEFENDANT

[DEFENDANT FULL LEGAL NAME]
Date: _________

DEFENSE COUNSEL

[DEFENSE COUNSEL NAME], Esq.
Bar No. []
Date: ______

JUDICIAL ACCEPTANCE

The foregoing Plea Agreement is [ACCEPTED / REJECTED] pursuant to SDCL ch. 23A-7 on this _ day of _, 20__.

Circuit Court Judge
[NAME OF JUDGE]

[// GUIDANCE:
1. Insert precise statutory citations (SDCL §§ ___) only when you have verified accuracy.
2. Tailor Section 4.4 to reflect mandatory minimums (e.g., firearm enhancements under SDCL § 22-14-15).
3. If the plea is binding, add language requiring the Court to impose the Agreed Sentence or allow withdrawal.
4. Consider attaching a factual basis narrative as Schedule A for more complex cases.
5. For felony pleas, ensure a signed “Advisory of Rights” is filed concurrently per local practice.]