State Plea Agreement - Utah

STATE OF UTAH PLEA AGREEMENT

Court: [DISTRICT / JUSTICE] COURT, [COUNTY / CITY], UTAH
Case No.: [CASE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

This template must be conformed to the current court plea statement, the offense-specific statutes, and the sentencing guidelines governing on the sentencing date.

1. Charges and Plea

Defendant agrees to plead [GUILTY / NO CONTEST] to:

A no-contest plea requires the Court's consent under Rule 11(c).

The prosecution agrees to:

• ☐ request acceptance of the identified lesser-included offense;
• ☐ dismiss the following charge(s) or allegation(s): [________________________________];
• ☐ make the sentencing recommendation stated below; and
• ☐ take this other identified action: [________________________________].

2. Sentencing Review and Proposed Disposition

Counsel must identify the lawful minimum, maximum, mandatory minimum, and consecutive-sentence exposure for each plea offense. Rule 11(e)(5) requires the Court to determine that Defendant knows that exposure.

The Utah Sentencing Commission's 2026 Adult Sentencing, Release, and Supervision Guidelines took effect May 6, 2026. They provide guideline recommendations; the sentencing authority retains discretion to depart when appropriate.

3. Charge Agreements and Sentence Recommendations

Rule 11 distinguishes the following procedures:

• Under Rule 11(h)(1), an agreement to request a lesser-included plea or dismissal of charges must be approved or rejected by the Court.
• Under Rule 11(h)(2), if the Court allows sentencing recommendations, it must personally advise Defendant that the recommendation is not binding.
• Under Rule 11(i), the judge may receive advance disclosure of a tentative agreement at the parties' request and indicate whether the proposed disposition will be approved. If the judge later decides the final disposition should diverge, the judge must describe the divergence and call on the parties to affirm or withdraw from the agreement.

Agreement classification:
☐ charge / dismissal agreement
☐ nonbinding sentence recommendation
☐ tentative disposition disclosed under Rule 11(i)
☐ combination, explained here: [________________________________]

4. Rule 11 Findings and Rights

The Court may not accept the plea until it makes the findings required by Rule 11(e), including that:

• Defendant has counsel or knowingly waived counsel;
• the plea is voluntary;
• Defendant understands the presumption of innocence, privilege against self-incrimination, speedy public jury trial, confrontation, and compulsory-process rights and that the plea waives them;
• Defendant understands the nature and elements of the offense, the State's burden, and the effect of the plea;
• a sufficient factual basis exists;
• Defendant knows the sentencing exposure and any agreement; and
• Defendant has been advised of the plea-withdrawal time limits and limited right of appeal.

The parties propose the following factual basis, subject to the Court's determination:

[____________________________________________________________]

[____________________________________________________________]

5. Withdrawal and Conditional Plea

Under Rule 11(f)(2), a motion to withdraw a guilty or no-contest plea must be made before sentence is announced. A motion to withdraw a plea in abeyance must be made within 30 days after acceptance. If no timely motion is made, Rule 11(f)(4) permits a challenge in a direct appeal only in accordance with the preservation rule or an established exception. Utah Code § 77-13-6 now directs plea withdrawal to Rule 11.

This agreement is:

• ☐ unconditional; or
• ☐ conditional under Rule 11(j), with prosecutorial consent and Court approval, reserving review of this specified pretrial ruling: [________________________________].

If Defendant prevails on an issue properly reserved under Rule 11(j), Defendant may withdraw the plea.

This template does not impose a blanket waiver of appeal or post-conviction remedies. Any separately negotiated limitation must be written precisely and reviewed for current enforceability.

6. Restitution and Presentence Procedure

Rule 21A governs presentence-report disclosure and restitution procedure. When the amount is disputed, request a restitution hearing rather than delegating the judicial determination to the Department of Corrections. Section 77-38b-205 requires the Court, upon conviction, to order restitution to victims as provided by that statute.

Restitution recipient, loss, amount, and procedure:
[____________________________________________________________]

7. Additional Terms and Alleged Breach

• ☐ Defendant will appear as ordered and comply with existing release conditions.
• ☐ Defendant will provide this specifically described cooperation: [________________________________].
• ☐ The prosecution will refrain from filing only these identified charges: [________________________________].
• ☐ Other lawful term: [________________________________].

No alleged breach creates an automatic remedy or private cure period. A party must request a judicial determination, and any withdrawal, reinstatement of charges, change in recommendation, or use of statements must be authorized by the agreement and Utah law.

8. Complete Agreement

This writing and the terms stated on the record contain the complete agreement. Any amendment must be disclosed to Defendant and the Court and documented in the manner the Court requires.

Electronic signatures and filing may be used only as permitted by current Utah court procedures.

9. Signatures

Defendant

I have read this Agreement, or it has been read to me. I understand it, have discussed it with counsel, and enter my plea voluntarily.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

________________________________________
[DEFENSE COUNSEL NAME], Utah Bar No. [____]
Date: ______________________

Prosecutor

________________________________________
[PROSECUTOR NAME], [OFFICE]
Date: ______________________

Court

☐ Plea accepted ☐ Charge agreement approved ☐ Charge agreement rejected
☐ Recommendation acknowledged as nonbinding ☐ Other: [________________]

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Utah Courts, Utah Rule of Criminal Procedure 11 (effective Mar. 7, 2025) — https://www.utcourts.gov/rules/view.php?type=urcrp&rule=11
• Utah Courts, Utah Rule of Criminal Procedure 21A — https://www.utcourts.gov/rules/view.php?type=urcrp&rule=21a
• Utah Legislature, Utah Code § 77-13-6 — https://le.utah.gov/xcode/Title77/Chapter13/77-13-S6.html
• Utah Legislature, Utah Code § 77-38b-205 — https://le.utah.gov/xcode/Title77/Chapter38B/77-38b-S205.html
• Utah Sentencing Commission, 2026 Sentencing Guidelines — https://justice.utah.gov/divisions-and-teams/sentencing-commission/2026-sentencing-guidelines/
• Utah Sentencing Commission, 2026 Adult Guidelines (effective May 6, 2026) — https://justice.utah.gov/wp-content/uploads/2026-Sentencing-Release-Guidelines_3.1-Adult-Guidelines-HB-274-revisions-Final.pdf