STATE OF UTAH PLEA AGREEMENT
(Criminal Case No. [DOCKET NO.])
[// GUIDANCE: This template is drafted for use in Utah State criminal prosecutions resolved by negotiated plea. Replace every bracketed item with matter-specific information. Delete any provisions that are inapplicable to the particular plea bargain.]
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
1.1 Parties.
This Plea Agreement (“Agreement”) is entered into by and between:
(a) The State of Utah, acting through the Office of the [COUNTY] County Attorney (“State”); and
(b) [DEFENDANT FULL LEGAL NAME], DOB [DATE] (“Defendant”), represented by counsel [DEFENSE COUNSEL NAME], Utah Bar No. [BAR NO.].
1.2 Recitals.
A. Defendant is charged by [Information/Indictment] filed on [DATE] in the [NAME] District Court, State of Utah, with the offenses set forth below.
B. The parties desire to resolve all pending charges by negotiated plea pursuant to Utah Code Ann. § 77-13-3 and Utah R. Crim. P. 11, subject to Court approval.
C. In consideration of the mutual promises, covenants, and undertakings herein, and upon approval by the Court, the parties agree as follows.
1.3 Effective Date & Jurisdiction.
This Agreement is effective upon the last signature below (“Effective Date”) and is governed exclusively by the criminal laws of the State of Utah.
2. DEFINITIONS
“Agreed Sentence” means the sentence, including incarceration term, probation conditions, fines, restitution, and other sanctions, jointly recommended by the parties in Section 3.4.
“Court” means the [FIRST / SECOND / THIRD / ETC.] District Court for the State of Utah, [COUNTY] County.
“Offense(s)” means the criminal charge(s) identified in Section 3.1.
“Plea” means Defendant’s plea of [GUILTY / NO CONTEST] as specified in Section 3.2.
“Sentencing Guidelines” refers to the Utah Sentencing Commission Adult Sentencing & Release Guidelines in effect as of the Effective Date.
3. OPERATIVE PROVISIONS
3.1 Charges Subject to this Agreement.
• Count 1: [STATUTE & OFFENSE LEVEL]
• Count 2: [STATUTE & OFFENSE LEVEL]
[// GUIDANCE: List every charge to be resolved; identify any counts to be dismissed at sentencing.]
3.2 Plea.
a. Defendant will plead [GUILTY / NO CONTEST] to Count [NO.].
b. The State will move to dismiss Count(s) [NO./“N/A”] at the time of sentencing.
3.3 Waiver of Rights.
By entering the Plea, Defendant knowingly, voluntarily, and intelligently waives:
i. The right to a jury trial;
ii. The right to confront and cross-examine witnesses;
iii. The privilege against self-incrimination;
iv. The right to compulsory process; and
v. Subject to Section 3.6, the right to appeal (see Section 3.6).
3.4 Agreed Sentence.
a. Incarceration: [TERM] in the Utah State Prison / [JAIL TERM] (as applicable).
b. Probation: [TERM] supervised/unsupervised probation with standard and special conditions (see Schedule A).
c. Fine: $[AMOUNT] plus statutory surcharge(s).
d. Restitution: $[AMOUNT] payable to [VICTIM].
e. Other: [LICENSE SUSPENSION, TREATMENT, ETC.].
[// GUIDANCE: If the plea is “to the Court” (open plea), state that the parties make non-binding recommendations.]
3.5 Sentencing Procedure.
a. Presentence Investigation (“PSI”) shall be prepared pursuant to Utah Code Ann. § 77-18-1.
b. The Court shall consider the Sentencing Guidelines and the Agreed Sentence.
c. If the Court declines to impose the Agreed Sentence, Defendant may elect to withdraw the Plea under Utah R. Crim. P. 11(l).
3.6 Waiver of Appeal & Collateral Attack.
Subject to Subsection (b) below, Defendant waives the right to appeal the conviction, sentence, or any pre-trial rulings, and waives the right to seek post-conviction relief under Utah Code Ann. §§ 78B-9-101 et seq.
a. Exceptions: This waiver does not apply to (i) claims of ineffective assistance of counsel, (ii) prosecutorial misconduct after execution of this Agreement, or (iii) a sentence that exceeds the Agreed Sentence.
b. Notice: Defendant acknowledges that absent this waiver, an appeal must be filed within 30 days of sentencing under Utah Code Ann. § 77-18a-1(2).
3.7 Conditions Precedent.
This Agreement is contingent upon:
i. Court acceptance of the Plea after Rule 11 colloquy; and
ii. Defendant’s truthful disclosure of all prior criminal history to the PSI writer.
4. REPRESENTATIONS & WARRANTIES
4.1 By Defendant.
a. Competency: Defendant is mentally competent and understands the nature of the proceedings.
b. Voluntariness: The Plea is voluntary and not the product of force, threats, or promises other than those contained herein.
c. Truthfulness: All factual stipulations in Schedule B are true and correct.
4.2 By the State.
a. Authority: The undersigned prosecutor has full authority to bind the State to this Agreement.
b. Disclosure: The State has provided all material exculpatory evidence known to it as required by law.
4.3 Survival.
The representations and warranties in this Section survive acceptance of the Plea and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Defendant Covenants.
a. Compliance: Defendant shall comply with all laws and court orders pending sentencing.
b. Cooperation: Defendant shall cooperate with the PSI writer and provide accurate financial information for restitution.
c. No New Crimes: Commission of any misdemeanor or felony prior to sentencing constitutes a breach.
5.2 State Covenants.
a. Sentencing Recommendation: The State will recommend the Agreed Sentence.
b. Dismissal of Counts: The State will file dismissal of counts identified in Section 3.2(b) at sentencing.
6. DEFAULT & REMEDIES
6.1 Events of Default (Defendant).
a. Failure to appear at any court hearing;
b. Providing materially false information to the Court or PSI writer;
c. Commission of new criminal offense prior to sentencing;
d. Violation of any covenant in Section 5.1.
6.2 State Remedies on Defendant Default.
Upon default, the State may, in its sole discretion:
i. Withdraw from this Agreement and reinstate all dismissed charges;
ii. Request that the Court impose any lawful sentence up to the statutory maximum;
iii. Oppose withdrawal of the Plea by Defendant.
6.3 Events of Default (State).
Material breach of the State’s covenants under Section 5.2.
6.4 Defendant Remedies on State Default.
Defendant may elect to:
i. Enforce specific performance of the Agreement; or
ii. Move to withdraw the Plea.
6.5 Notice & Cure.
The non-breaching party shall provide written notice of breach. If curable, the breaching party has five (5) court days to cure.
6.6 Attorneys’ Fees.
The prevailing party in any action to enforce this Agreement is entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Limitation of Liability.
The parties agree that Defendant’s maximum liability under this Agreement is the Agreed Sentence. No civil indemnification or monetary damages are contemplated.
7.2 Force Majeure.
Non-performance by either party due to court closures, public emergencies, or other circumstances beyond reasonable control shall not constitute breach; sentencing shall be continued to the earliest feasible date.
8. DISPUTE RESOLUTION
8.1 Governing Law.
This Agreement is governed by the laws of the State of Utah.
8.2 Forum Selection.
Any dispute shall be resolved exclusively in the [NAME] District Court, State of Utah.
8.3 Arbitration.
Arbitration is not available for criminal matters and is expressly excluded.
8.4 Jury Waiver.
By entering the Plea, Defendant waives the right to a jury trial on the charged offenses.
8.5 Injunctive Relief.
Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement.
This Agreement, including Schedules A and B, constitutes the entire agreement between the parties and supersedes all prior understandings.
9.2 Amendment & Waiver.
No amendment or waiver is effective unless in writing, signed by all parties, and approved by the Court.
9.3 Assignment.
Neither party may assign its rights or obligations hereunder.
9.4 Severability.
If any provision is held invalid, the remainder of this Agreement remains enforceable.
9.5 Construction.
The Agreement was negotiated by competent counsel; the rule of strict construction against the drafter does not apply.
9.6 Counterparts; Electronic Signatures.
This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date.
Defendant
[DEFENDANT NAME]
Date: ______
Defense Counsel
I certify that I have explained this Agreement to Defendant, believe Defendant understands it fully, and that the Plea is entered knowingly and voluntarily.
[COUNSEL NAME], Esq.
Attorney for Defendant
Date: ______
Prosecuting Attorney
[PROSECUTOR NAME], Esq.
For the State of Utah
Date: ______
Judicial Acceptance
The foregoing Plea Agreement is accepted and the Plea is entered this ___ day of ____, 20__.
JUDGE [FULL NAME]
[COURT & DEPARTMENT]
SCHEDULE A – PROBATION CONDITIONS
[// GUIDANCE: Insert detailed probation terms—e.g., substance-abuse treatment, community service hours, no-contact orders, GPS monitoring.]
SCHEDULE B – FACTUAL BASIS
[// GUIDANCE: Provide concise statement of facts supporting each element of the offense(s); ensure accuracy for Rule 11 colloquy.]
[// GUIDANCE: Review Utah Code Ann. §§ 77-13-3 (plea requirements), 77-18-1 (PSI/sentencing), and 77-18a-1 (appeal timelines) to confirm statutory compliance. Remove these guidance remarks before filing.]