STATE OF TENNESSEE
PLEA AGREEMENT
[This template is drafted for use in Tennessee state criminal proceedings. It is designed to comply with Tenn. R. Crim. P. 11 and the sentencing provisions of Tenn. Code Ann. Title 40, Ch. 35.
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
THIS PLEA AGREEMENT (this “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and among:
1.1 The State of Tennessee, acting through the Office of the District Attorney General for the [JUDICIAL DISTRICT NUMBER] Judicial District (“State” or “Prosecution”); and
1.2 [DEFENDANT FULL LEGAL NAME], [ALIAS/AKA] (“Defendant”), appearing in Case No. [CASE NUMBER] before the [NAME OF CRIMINAL COURT] for the County of [COUNTY], State of Tennessee (the “Court”).
RECITALS
A. Defendant has been charged by [indictment/information] in the above-captioned matter with the offense(s) set forth herein.
B. The parties desire to resolve the charges without trial pursuant to Tenn. R. Crim. P. 11 and the sentencing statutes codified at Tenn. Code Ann. §§ 40-35-101 et seq.
C. Consideration for this Agreement includes the mutual promises herein, the waiver of constitutional and procedural rights by Defendant, and the efficient administration of justice.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms have the meanings given below:
2.1 “Agreement” means this Plea Agreement, including all Exhibits and Schedules.
2.2 “Charges” means the criminal offense(s) identified in Section 3.1.
2.3 “Court” has the meaning set forth in Section 1.
2.4 “Defendant” has the meaning set forth in Section 1.
2.5 “Indictment” means the indictment or information filed in the Court under Case No. [CASE NUMBER].
2.6 “Sentencing Hearing” means the hearing conducted pursuant to Tenn. R. Crim. P. 32 and Tenn. Code Ann. §§ 40-35-209 et seq.
[// GUIDANCE: Add additional defined terms as needed, ensuring consistency throughout.]
3. OPERATIVE PROVISIONS
3.1 Plea. Subject to Court approval, Defendant agrees to plead [“Guilty” / “Nolo Contendere”] to the following Charge(s):
Count ___: [STATUTORY OFFENSE NAME], a [Class ___ Felony/Misdemeanor] in violation of Tenn. Code Ann. § [STATUTE NUMBER].
3.2 Dismissed/Retired Counts. Upon the Court’s acceptance of the plea, the State agrees to move to [dismiss/retire] the remaining counts identified on Exhibit A.
3.3 Agreed Sentence. Pursuant to Tenn. Code Ann. § 40-35-205, the parties recommend:
a. Length: [] years/months;
b. Manner of service: [TDOC custody / split confinement / probation / judicial diversion];
c. Release eligibility: [] % as a [Standard/Multiple/Persistent] offender;
d. Fines: $[AMOUNT];
e. Restitution: $[AMOUNT] to [VICTIM NAME] (payable per Schedule 1).
3.4 Special Conditions. Defendant shall:
i. Complete [PROGRAM] within [__] days of sentencing;
ii. Abstain from alcohol and illegal drugs and submit to random testing;
iii. Have no contact with [VICTIM] directly or indirectly;
iv. Comply with all additional conditions set forth in Exhibit B.
3.5 Waiver of Trial Rights. By entering this plea, Defendant knowingly and voluntarily waives the right to:
a. Trial by jury;
b. Confront and cross-examine witnesses;
c. Compulsory process;
d. Remain silent; and
e. Appeal except as provided in Section 3.6.
3.6 Limited Appeal Rights. Defendant waives the right to appeal the conviction and sentence, except that Defendant may appeal:
i. The legality of the sentence if it exceeds the agreed disposition;
ii. The Court’s denial of a timely motion to withdraw the plea under Tenn. R. Crim. P. 32(f); and
iii. Any prosecutorial misconduct occurring after execution of this Agreement.
3.7 Victim Rights Compliance. The State represents that it has complied, and will continue to comply, with Tenn. Code Ann. § 40-38-101 et seq. regarding victim notification and input.
3.8 Conditions Precedent. This Agreement is contingent upon:
a. Court acceptance under Tenn. R. Crim. P. 11(c); and
b. Defendant’s truthful allocution.
3.9 Binding Effect. If the Court rejects the agreed disposition, Defendant may elect to withdraw the plea and the Agreement shall be null and void.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations. Defendant represents and warrants that:
a. Defendant is entering this Agreement voluntarily and of Defendant’s own free will;
b. Defendant is satisfied with the assistance of counsel;
c. No undisclosed promises or threats have been made to induce this plea;
d. Defendant is competent to enter this plea.
4.2 State’s Representations. The State represents that:
a. The factual basis described in Exhibit C is accurate;
b. The State has disclosed all exculpatory evidence known to it;
c. The Agreement reflects the entire understanding between the parties.
4.3 Survival. The representations and warranties in this Section 4 survive the entry of judgment and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Defendant shall provide complete and truthful cooperation in [describe any cooperation obligations, if applicable].
5.2 Non-Disclosure. Absent Court order, the parties shall not disclose this Agreement prior to its acceptance, except as required for victim consultation.
5.3 No Additional Charges. Provided Defendant fulfills all obligations, the State shall not prosecute Defendant for additional offenses arising from the factual basis in Exhibit C.
6. DEFAULT & REMEDIES
6.1 Events of Default. Any of the following constitutes “Default”:
a. Defendant’s breach of any covenant herein;
b. Defendant’s commission of a new criminal offense prior to sentencing;
c. Defendant’s materially false statement to the Court.
6.2 Remedies. Upon Default, the State may, at its sole option:
i. Declare this Agreement void;
ii. Reinstate any dismissed or retired charges;
iii. Use Defendant’s statements in any subsequent proceeding;
iv. Seek sentencing enhancement as permitted by law.
6.3 Notice & Opportunity to Cure. Where practicable, the State shall give written notice of Default and allow a [__]-day cure period prior to exercising remedies.
6.4 Attorney Fees. Each party bears its own fees and costs.
7. RISK ALLOCATION
7.1 Liability Cap. Defendant’s criminal liability for the Charges is limited to the Agreed Sentence in Section 3.3, subject to Section 6.
7.2 No Civil Release. This Agreement does not limit any civil claims by victims.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Agreement is governed by the criminal laws of the State of Tennessee.
8.2 Forum Selection. The Court retains exclusive jurisdiction over all matters arising under or relating to this Agreement.
8.3 Arbitration. Arbitration is unavailable for criminal matters and is expressly excluded.
8.4 Jury Waiver. Defendant waives jury trial rights as stated in Section 3.5.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior understandings.
9.2 Amendments. Any amendment must be in writing and signed by all parties and approved by the Court.
9.3 Severability. If any provision is held invalid, the remainder shall continue in full force, provided the essential terms remain enforceable.
9.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically are binding.
9.5 Successors & Assigns. This Agreement binds and inures to the benefit of the parties and their respective successors (including any successor prosecutor) and permitted assigns; provided, however, Defendant may not assign rights or obligations hereunder.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the Effective Date.
STATE OF TENNESSEE
By: _____
Name: [ASSISTANT DISTRICT ATTORNEY]
Title: Assistant District Attorney General
Date: _____
DEFENDANT
[DEFENDANT FULL LEGAL NAME]
Date: _______
DEFENSE COUNSEL CERTIFICATION
I, _______, counsel for Defendant, certify that I have fully explained the terms of this Agreement to Defendant; that Defendant understands and agrees to those terms; and that Defendant’s decision to enter this plea is informed and voluntary.
[DEFENSE ATTORNEY NAME & BPR NO.]
Date: _______
COURT APPROVAL
The foregoing Plea Agreement is hereby accepted this ___ day of __, 20, and the plea is adjudged in accordance therewith.
[JUDGE NAME]
Judge, [COURT NAME]
EXHIBITS
Exhibit A – List of Counts to be Dismissed/Retired
Exhibit B – Special Conditions of Sentence
Exhibit C – Factual Basis for Plea
[// GUIDANCE: Attach detailed factual basis sufficient for Rule 11 compliance, including date, location, and elements satisfied. For Class E felonies and above, include offender classification worksheet as Schedule 2.]