State Plea Agreement - Virginia

COMMONWEALTH OF VIRGINIA PLEA AGREEMENT

Court: CIRCUIT COURT FOR [JURISDICTION]
Case No.: [CASE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

This template must be conformed to the current local plea and waiver forms, the offense-specific statutes, and the precise Rule 3A:8 agreement type.

1. Charges and Plea

Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to:

Virginia Code § 19.2-254 permits pleas of not guilty, guilty, and nolo contendere. The Court must determine voluntariness and understanding as required by Rule 3A:8(b).

2. Rule 3A:8 Agreement Type

Select every applicable term and identify the governing subdivision:

• ☐ Rule 3A:8(c)(1)(A): the Commonwealth will move for nolle prosequi or dismissal of these charges: [________________________________].
• ☐ Rule 3A:8(c)(1)(B): the Commonwealth will recommend, or not oppose Defendant's request for, this sentence: [________________________________]. This recommendation or request is not binding on the Court.
• ☐ Rule 3A:8(c)(1)(C): the parties agree that this specific sentence is the appropriate disposition: [________________________________].

In every felony case, Rule 3A:8(c)(2) requires the agreement to be in writing, signed by the Commonwealth's attorney, Defendant, and defense counsel if any, and presented to the Court. The agreement must be disclosed when the plea is offered, in open court or, for good cause, in camera.

3. Sentencing Terms and Guidelines

For a felony other than a Class 1 felony when guidelines exist, § 19.2-298.01 requires presentation and consideration of the discretionary sentencing-guidelines worksheets. A guilty-plea worksheet may be prepared by a probation officer or, with the concurrence required by subsection C, by the Commonwealth's attorney. A sentence outside the guidelines requires a written departure explanation, but failure to follow the guidelines statute is not reviewable on appeal or a basis for post-conviction relief.

Guidelines recommendation and worksheet preparer:
[____________________________________________________________]

4. Court Acceptance or Rejection

For a Rule 3A:8(c)(1)(A) or (C) agreement, the Court may accept, reject, or defer its decision pending consideration of a presentence report. If accepted, the Court must state that it will embody the agreed disposition in the judgment and sentence.

If the Court rejects a subdivision (A) or (C) agreement:

• neither party remains bound;
• Defendant may withdraw the guilty or nolo plea;
• if Defendant does not withdraw, the disposition may be less favorable than contemplated; and
• if Defendant withdraws, the matter will be heard by another judge unless the parties agree otherwise.

Rule 3A:8(c)(5) and § 19.2-254 require the rejecting judge to recuse immediately from further proceedings unless the parties agree otherwise.

For a subdivision (B) recommendation, Defendant has no right to withdraw merely because the Court does not follow the recommendation or request. Defendant may withdraw if the Commonwealth fails to perform its part of the agreement.

5. Rights, Voluntariness, and Case Basis

Defendant states that the plea is voluntary and is made with an understanding of the charge and consequences. Defendant understands that the plea gives up the rights identified by the Court, including the rights to plead not guilty, trial by jury, confrontation and cross-examination, compulsory process, and the privilege against self-incrimination.

The Commonwealth's proposed proffer or stipulated record is:

[____________________________________________________________]

[____________________________________________________________]

The Court's independent Rule 3A:8 inquiry is not replaced by this writing.

6. Conditional Plea and Review

This plea is:

• ☐ unconditional; or
• ☐ conditional under § 19.2-254, with Court approval and Commonwealth consent, reserving appellate review of this specified adverse pretrial ruling: [________________________________].

If Defendant prevails on an issue validly reserved by conditional plea, § 19.2-254 permits withdrawal of the plea.

This template does not impose a blanket waiver of direct appeal, habeas corpus, ineffective-assistance claims, sealing or expungement rights, or other remedies. Any separately negotiated waiver must be stated precisely and reviewed against current Virginia law.

7. Restitution and Additional Terms

Section 19.2-305.1 governs restitution for property damage or loss and specified victim expenses. The Court determines the amount and payment terms at sentencing and includes them in the judgment order.

Victim, loss, amount, and proposed payment terms:
[____________________________________________________________]

Additional terms:

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

No alleged breach creates an automatic remedy or private burden of proof. A party must request a judicial determination, and any withdrawal, specific performance, reinstatement of charges, or use of statements is governed by Rule 3A:8 and other applicable law.

8. Complete Agreement

This writing and any terms stated on the record contain the complete agreement. Amendments must be documented, signed when Rule 3A:8 requires signatures, disclosed to the Court, and accepted when Court approval is required.

Electronic signatures or counterparts may be used only when permitted by current Virginia and local filing 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], VSB No. [____]
Date: ______________________

Attorney for the Commonwealth

________________________________________
[COMMONWEALTH'S ATTORNEY NAME]
Date: ______________________

Court

Agreement type: ☐ (A) ☐ (B) ☐ (C) ☐ combination
Court action: ☐ accepted ☐ rejected ☐ deferred
If rejected, recusal / party agreement addressed on the record: ☐ Yes

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Supreme Court of Virginia, current Rules of Court, Rule 3A:8 — https://www.vacourts.gov/static/courts/scv/rulesofcourt.pdf
• Supreme Court of Virginia, Rule 3A:8 tracked text — https://www.vacourts.gov/courts/scv/amendments_tracked/interlineated_rule_3a_08.pdf
• Virginia Code § 19.2-254 — https://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-254/
• Virginia Code § 19.2-298.01 — https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-298.01/
• Virginia Code § 19.2-305.1 — https://law.lis.virginia.gov/vacode/title19.2/chapter18/section19.2-305.1/
• Supreme Court of Virginia, Waiver of Rights Form (Rule 3A:8), Form 6 — https://www.vacourts.gov/courts/scv/amendments/2017_0301_part_3a_form_6.pdf