COMMONWEALTH OF VIRGINIA
CIRCUIT COURT FOR [JURISDICTION]
STATE PLEA AGREEMENT
(Pursuant to Va. Sup. Ct. R. 3A:8 and Va. Code Ann. §§ 19.2-254, 19.2-298.01)
Effective Date: ___ [DATE]
TABLE OF CONTENTS
I. Document Header & Recitals
II. Definitions
III. Operative Provisions
IV. Defendant’s Waivers & Representations
V. Commonwealth’s Representations & Covenants
VI. Appeal Waiver
VII. Breach; Remedies
VIII. Governing Law & Forum
IX. General Provisions
X. Execution & Court Acceptance
I. DOCUMENT HEADER & RECITALS
This State Plea Agreement (“Agreement”) is entered into by and among:
- The Commonwealth of Virginia, by and through the Office of the Commonwealth’s Attorney for [JURISDICTION] (“Commonwealth”); and
- [DEFENDANT FULL LEGAL NAME], an individual, DOB , (“Defendant”), represented by counsel [DEFENSE COUNSEL NAME], VSB No. .
WHEREAS, an indictment/information, Case No. [CASE NUMBER], is pending in the Circuit Court for [JURISDICTION] (the “Court”) charging Defendant with:
• Count 1 – [CHARGE & CODE SECTION]
• Count 2 – [CHARGE & CODE SECTION]
(collectively, the “Offense(s)”);
WHEREAS, the parties desire to resolve the above-captioned matter without trial, avoid the uncertainties of litigation, and promote judicial economy;
NOW, THEREFORE, in consideration of the mutual promises herein and subject to Court approval, the parties agree as follows:
II. DEFINITIONS
For purposes of this Agreement:
“Agreed Sentence” – The specific disposition set forth in § 3.4.
“Court” – The Circuit Court for [JURISDICTION], Commonwealth of Virginia.
“Effective Date” – The date this Agreement is executed by the last-signing party.
“Guidelines” – The discretionary Virginia Sentencing Guidelines calculated under Va. Code Ann. § 19.2-298.01.
“Rule 3A:8” – Virginia Supreme Court Rule 3A:8 governing pleas.
“Violation” – Any material breach of Defendant’s obligations under § 7.1.
III. OPERATIVE PROVISIONS
3.1 Plea
(a) Defendant shall plead [GUILTY / NOLO CONTENDERE] to:
i. Count ___ – [CHARGE];
ii. Count ___ – [CHARGE].
(b) All remaining charges, if any, shall be disposed of as stated in § 3.5.
3.2 Factual Basis
Defendant stipulates that the Commonwealth’s proffered evidence establishes each element of the Offense(s) beyond a reasonable doubt. [// GUIDANCE: Attach or incorporate Statement of Facts as Exhibit A.]
3.3 Sentencing Guidelines Acknowledgment
(a) The parties have reviewed the applicable Guidelines worksheets reflecting a range of ___ to ___ months.
(b) The Court retains ultimate sentencing discretion as required by Va. Code Ann. § 19.2-298.01(D).
3.4 Agreed Sentence
Subject to Court acceptance:
• Incarceration: ___ months/years, with ___ months/years suspended;
• Probation: ___ years, supervised by [PROBATION AGENCY];
• Restitution: $ to [VICTIM] payable per schedule set by Probation;
• Costs & Fees: Statutory court costs and $ for the Commonwealth’s expert fees;
• Special Conditions: [e.g., substance-abuse treatment, no-contact order, forfeiture].
[// GUIDANCE: Modify to reflect charge-specific mandatory minimums, if any.]
3.5 Charge Disposition
Upon the Court’s imposition of the Agreed Sentence, the Commonwealth shall move to nolle prosequi or dismiss with prejudice the following: ___.
3.6 Conditions Precedent
This Agreement becomes binding only upon:
(a) Court’s inquiry and acceptance under Rule 3A:8(c); and
(b) Defendant’s truthful testimony and complete cooperation, if required under § 5.2.
3.7 Conditions Subsequent
If the Court rejects any material term, either party may declare this Agreement null and void, and the matter shall proceed to trial as if no plea had been entered.
IV. DEFENDANT’S WAIVERS & REPRESENTATIONS
4.1 Voluntariness. Defendant affirms that the plea is voluntary, not the result of force, threats, or undisclosed promises.
4.2 Competency. Defendant is competent and fully understands the nature of the proceedings.
4.3 Rights Waived. By entering this plea, Defendant knowingly, intelligently, and voluntarily waives:
(a) The right to plead not guilty and require the Commonwealth to prove guilt beyond a reasonable doubt;
(b) The right to a jury or bench trial;
(c) The right to confront and cross-examine witnesses;
(d) The privilege against self-incrimination;
(e) The right to appellate review, except as reserved in § 6.1.
4.4 Immigration & Collateral Consequences. Defendant understands that conviction may carry immigration, civil, or collateral consequences. Counsel has advised Defendant accordingly.
4.5 Assistance of Counsel. Counsel has explained the Agreement, guidelines, and rights waived; Defendant is satisfied with counsel’s representation.
V. COMMONWEALTH’S REPRESENTATIONS & COVENANTS
5.1 Good-Faith Negotiations. The Commonwealth negotiated this Agreement in good faith and believes the disposition serves justice.
5.2 Cooperation Requirement. If the Offense(s) involve additional investigations or co-defendants, Defendant shall:
(a) Provide truthful information;
(b) Testify when subpoenaed.
Failure to do so constitutes a Violation under § 7.1.
5.3 Use of Self-Incriminating Information. The Commonwealth agrees not to use statements made during plea negotiations against Defendant, except for impeachment or prosecution for perjury.
VI. APPEAL WAIVER
6.1 Scope. Subject to § 6.2, Defendant waives the right to appeal the conviction, plea, and sentence, and waives the right to collateral attack under state habeas corpus, except claims of:
(a) ineffective assistance of counsel;
(b) prosecutorial misconduct unknown to Defendant at the time of plea;
(c) sentencing outside the statutory maximum.
6.2 Conditional Plea (If Applicable). If Defendant is entering a conditional plea under Rule 3A:8(a), the specific issues reserved for appeal are: ___.
[// GUIDANCE: Omit § 6.2 unless a conditional plea is negotiated.]
VII. BREACH; REMEDIES
7.1 Defendant’s Violation. A Violation includes:
(a) Failure to appear;
(b) Providing materially false information;
(c) New criminal conduct prior to sentencing;
(d) Breach of cooperation obligations.
7.2 Commonwealth Remedies. Upon a Violation, the Commonwealth may, at its sole option:
(i) Declare this Agreement void;
(ii) Reinstate dismissed charges;
(iii) Recommend a sentence up to the statutory maximum.
7.3 Proof of Violation. The Commonwealth’s burden is by a preponderance of the evidence; Defendant waives the right to a jury determination on breach.
7.4 Defendant’s Remedies. If the Commonwealth breaches, Defendant may:
(i) Seek specific performance; or
(ii) Withdraw the plea and proceed to trial.
VIII. GOVERNING LAW & FORUM
This Agreement is governed by the criminal laws of the Commonwealth of Virginia. Exclusive forum for any proceedings arising from or relating to this Agreement is the Circuit Court for [JURISDICTION].
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This document, including any referenced exhibits, constitutes the full plea agreement and supersedes prior understandings.
9.2 Amendments. Any modification must be in writing, signed by all parties, and approved by the Court.
9.3 Severability. If any provision is held invalid, the remaining provisions remain enforceable.
9.4 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts and by electronic means, each of which is deemed an original.
9.5 Interpretation. No party is deemed the drafter; ambiguities are not construed against any party.
X. EXECUTION & COURT ACCEPTANCE
10.1 Signatures
_____ Date: ___
[DEFENDANT NAME], Defendant
I certify that I have fully explained Defendant’s rights, this Agreement, and the consequences of pleading guilty/nolo.
_____ Date: ___
[DEFENSE COUNSEL NAME], Counsel for Defendant
_____ Date: ___
[COMMONWEALTH’S ATTORNEY NAME], Commonwealth’s Attorney
10.2 Judicial Inquiry & Acceptance
Pursuant to Va. Sup. Ct. R. 3A:8(c), after conducting the required colloquy, the Court:
☐ ACCEPTS ☐ REJECTS
this Plea Agreement on the ___ day of ____, 20__.
[NAME OF JUDGE], Judge
[// GUIDANCE:
1. Attach a detailed Statement of Facts (Exhibit A) to satisfy Rule 3A:8(b).
2. Confirm that the Agreed Sentence complies with any mandatory-minimum statutes.
3. For felony convictions, ensure completion of the Custody/Supervision Order and fingerprinting per Va. Code Ann. §§ 19.2-390, 19.2-370.
4. If restitution exceeds $1,000, advise the Court regarding interest and collection terms under Va. Code Ann. § 19.2-305.1.
5. Revisit § 6 to ensure any appeal waiver aligns with current Fourth Circuit precedent on ineffective-assistance claims. ]