STATE OF TEXAS

PLEA AGREEMENT

(County Criminal Court / District Court – [PLACEHOLDER: Judicial District & County])

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties.
This Plea Agreement (the “Agreement”) is entered into as of [DATE] (the “Effective Date”) by and among:

a. The State of Texas, acting by and through the Office of the [PLACEHOLDER: District/County] Attorney (the “State”); and
b. [DEFENDANT FULL LEGAL NAME] (“Defendant”), personally and through counsel of record, [DEFENSE COUNSEL FULL NAME] (“Defense Counsel”).

1.2 Recitals.
A. Defendant is charged in Cause No. [CAUSE NUMBER] with [SPECIFY OFFENSE(S)] (the “Charge(s)”).
B. The parties wish to resolve the Charge(s) without the delay, expense, and uncertainty of trial.
C. Pursuant to Tex. Code Crim. Proc. Ann. art. 26.13 (West 2023) and applicable local rules, the Court must approve any plea agreement.

NOW, THEREFORE, in consideration of the mutual covenants herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below.

“Agreement” – this Plea Agreement, including all exhibits and schedules.
“Appeal Waiver” – Defendant’s waiver of the right to appeal as set forth in §3.6.
“Charge(s)” – the criminal allegation(s) identified in §1.2(A).
“Court” – the [PLACEHOLDER: Court Name] presiding over Cause No. [CAUSE NUMBER].
“Defendant” – the individual identified in §1.1(b).
“Effective Date” – the date specified in the header of this Agreement.
“Sentence” – the punishment detailed in §3.4, subject to Court approval.
“State” – the State of Texas acting through the prosecuting authority identified in §1.1(a).

[// GUIDANCE: Add, remove, or revise definitions to harmonize with the charging instrument and local practice.]

3. OPERATIVE PROVISIONS

3.1 Plea.
Defendant will plead [GUILTY / NOLO CONTENDERE] to the Charge(s) in open court.

3.2 Admonitions & Voluntariness.
a. Before accepting the plea, the Court shall admonish Defendant in accordance with Tex. Code Crim. Proc. art. 26.13, including the applicable range of punishment ([PLACEHOLDER: MINIMUM] to [PLACEHOLDER: MAXIMUM]).
b. Defendant acknowledges the plea is voluntary, not the product of force, threats, or undisclosed promises.

3.3 Waiver of Trial Rights.
By entering this plea, Defendant knowingly and voluntarily waives:
i. the right to trial by jury;
ii. the right to confront and cross-examine witnesses;
iii. the right to compel the attendance of witnesses; and
iv. the privilege against self-incrimination.

3.4 Agreed Sentence.
Subject to Court approval, the parties recommend:
a. Incarceration: [PLACEHOLDER: Term or “None”], to run [CONCURRENT / CONSECUTIVE] with any other sentence;
b. Community Supervision (if any): [PLACEHOLDER: Years/Months] under Chapter 42A, Tex. Code Crim. Proc.;
c. Fine: $[AMOUNT];
d. Restitution: $[AMOUNT] payable per schedule approved by the Court;
e. Court Costs & Fees: as assessed by the clerk.

[// GUIDANCE: Specify special conditions—e.g., treatment programs, ignition interlock, stay-away orders.]

3.5 Conditions Precedent.
This Agreement is effective only upon:
a. Defendant’s tender of the plea pursuant to §3.1; and
b. The Court’s oral and written acceptance of both the plea and Sentence.

3.6 Waiver of Appeal.
Pursuant to Tex. R. App. P. 25.2 and as an express condition of the Sentence, Defendant waives the right to appeal except for:
i. pre-sentence motions ruled on after entry of the plea;
ii. matters the Court grants written permission to appeal; or
iii. claims of ineffective assistance of counsel or prosecutorial misconduct unknown at the time of plea.

3.7 Collateral Consequences.
Defendant understands that:
a. A conviction may affect immigration status, firearm possession, voting rights, and professional licensure; and
b. No officer of the State has made assurances regarding such collateral consequences beyond those stated herein.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant.
a. Competent and fully informed;
b. Has discussed the plea and its consequences with Defense Counsel;
c. Not under the influence of intoxicants, controlled substances, or mental infirmity impairing judgment.

4.2 Defense Counsel.
a. Has investigated the facts and law;
b. Believes the plea is in Defendant’s best interest;
c. Holds valid licensure in the State of Texas.

4.3 State.
a. Authorized to enter this Agreement;
b. Believes the Agreement serves justice and public safety;
c. Has disclosed all Brady/Giglio material known to date.

4.4 Survival.
The warranties of §§4.1–4.3 survive acceptance of the plea and imposition of Sentence.

5. COVENANTS & RESTRICTIONS

5.1 Defendant Covenants.
a. Appear for all court settings until final disposition;
b. Comply with any bond or release conditions;
c. Abstain from criminal conduct pending sentencing.

5.2 State Covenants.
a. Recommend the Sentence in §3.4;
b. Not prosecute Defendant for [PLACEHOLDER: List of related offenses, if any] arising from the same criminal episode.

6. DEFAULT & REMEDIES

6.1 Events of Default.
a. Defendant’s failure to appear;
b. New criminal offense before sentencing;
c. Material misrepresentation or concealment of facts.

6.2 State Remedies.
Upon default, the State may:
i. Withdraw this Agreement;
ii. Prosecute all original and related charges to the fullest extent;
iii. Use all statements and evidence obtained under this Agreement against Defendant.

6.3 Defendant Remedies.
If the State breaches, Defendant may elect specific performance or withdrawal of the plea, subject to Court approval.

6.4 Attorney Fees.
Each party bears its own attorney fees and costs absent bad-faith litigation post-judgment.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. The Sentence in §3.4 constitutes the sole measure of criminal liability arising from the Charge(s).
7.3 Force Majeure. Not applicable.

8. DISPUTE RESOLUTION

8.1 Governing Law.
This Agreement shall be interpreted under the laws of the State of Texas.

8.2 Forum Selection.
Exclusive jurisdiction lies with the Court identified in §1.1.

8.3 Arbitration.
Arbitration is unavailable for criminal matters.

8.4 Jury Waiver.
Confirmed by §3.3.

9. GENERAL PROVISIONS

9.1 Entire Agreement.
This document embodies the complete agreement and supersedes all prior understandings.

9.2 Amendments.
No modification is effective unless in writing, signed by all parties, and approved by the Court.

9.3 Severability.
If any provision is held unenforceable, the remainder remains in effect.

9.4 Assignment.
Non-assignable by Defendant; binding on State successors.

9.5 Counterparts & Electronic Signatures.
This Agreement may be executed in counterparts, including via electronic signature, each deemed an original.

10. EXECUTION BLOCK

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

[NOTARY BLOCK or unsworn declaration as required by local rule]

[// GUIDANCE: Confirm whether notarization or sworn verification is required in your county; many Texas criminal courts do not require notarization for plea documents.]

END OF DOCUMENT