State Plea Agreement - Vermont

STATE OF VERMONT NOTICE OF PLEA AGREEMENT

Court: VERMONT SUPERIOR COURT, CRIMINAL DIVISION, [UNIT] UNIT
Docket No.: [DOCKET NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY]

Use this attorney-drafted companion only with the Vermont Judiciary's current Notice of Plea Agreement form and current local filing requirements. The Judiciary form identifies the agreement as a binding Rule 11 agreement.

1. Charges and Pleas

Defendant agrees to enter the following plea or pleas:

A nolo-contendere plea may be entered only with the Court's consent. The Court retains discretion whether to accept that plea.

In exchange, the State will dismiss the following identified matters:

No promise exists outside this writing, the Judiciary form, and the terms disclosed in court.

2. Binding Rule 11 Disposition

The parties request this specific disposition:

Special probation conditions:

[____________________________________________________________]

[____________________________________________________________]

Attach or reproduce only current, case-appropriate probation conditions. Do not assume that a preprinted condition applies without review.

3. Disclosure and Court Action

Rule 11 requires disclosure in open court when the agreement contemplates a guilty or nolo plea in expectation of a specific sentence or dismissal of other charges. In a felony case, the prosecutor must disclose the reasons for the agreement.

Before entry of the plea, the Court may accept or reject the agreement or defer decision pending an opportunity to consider the presentence report. The agreement does not bind or limit the Court unless the Court accepts it under Rule 11(e)(3).

If the Court accepts the agreement, the Court will advise Defendant that the judgment and sentence will embody the agreed disposition or a less onerous disposition.

If the Court rejects or defers decision on the agreement, the Court will inform the parties, personally advise Defendant in open court that the Court is or may not be bound, provide the opportunity required by Rule 11 and Rule 32(d) to withdraw a plea already entered, and advise that persisting in the plea may produce a less favorable disposition.

Acceptance of a guilty or nolo plea is distinct from acceptance of the plea agreement. The record should state the Court's action on both.

4. Rule 11 Colloquy and Voluntariness

Before accepting the plea, the Court will address Defendant personally in open court and determine that Defendant understands the charge, the applicable minimum and maximum penalties, the right to plead not guilty, the trial rights relinquished by the plea, and the consequences and agreement-related matters required by current Rule 11.

The Court must also determine that the plea is voluntary and not the result of force, threats, or promises apart from the disclosed plea agreement.

Defendant understands that the plea relinquishes the rights identified by the Court, including the rights to a trial, to confront adverse witnesses, to compulsory process, and against compelled self-incrimination.

Offense-specific penalties and mandatory consequences:

[____________________________________________________________]

5. Guilty-Plea Admission or Nolo Election

Complete the subsection matching the plea.

A. Guilty Plea

Rule 11(f) requires the Court to make an inquiry sufficient to satisfy it that a factual basis exists before entering judgment on a guilty plea. Vermont Supreme Court decisions require Defendant personally to admit the facts supporting every element; agreement that a court or jury could find guilt is not itself a factual admission.

Facts Defendant will be asked personally to admit:

[____________________________________________________________]

[____________________________________________________________]

This writing does not replace the Court's personal colloquy with Defendant.

B. Nolo Contendere

Defendant requests the Court's consent to plead nolo contendere. Rule 11(f)'s guilty-plea factual-inquiry requirement does not apply to a nolo plea. Do not convert this section into a factual admission inconsistent with the selected plea.

Reason for requesting Court consent, if required by local practice:

[____________________________________________________________]

6. Restitution and Additional Terms

Restitution recipient, loss, amount, and proposed procedure:

[____________________________________________________________]

Probation-violation stipulation, if expressly included on the current Judiciary form:

[____________________________________________________________]

Other lawful, specifically negotiated obligations:

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

No alleged breach produces an automatic remedy. Any withdrawal, reinstatement, sentencing response, or use of statements must be determined under the agreement and current law.

7. Appeal and Post-Conviction Review

This template does not impose a generic waiver of direct appeal, post-conviction relief, ineffective-assistance claims, or other remedies.

State v. Phillips recognizes that a defendant may knowingly and voluntarily waive direct appeal as a negotiated plea condition. If the parties intend such a waiver, identify its exact issue and scope below, obtain case-specific advice, and ensure that the Court establishes the waiver on the record. Do not add a post-conviction waiver merely because a direct-appeal waiver is negotiated.

Optional, specifically negotiated direct-appeal waiver or preserved issue:

[____________________________________________________________]

8. Complete Agreement

The current Vermont Judiciary Notice of Plea Agreement form, this companion, incorporated attachments, and terms placed on the record state the complete agreement. Any amendment must be disclosed to the Court and accepted when Rule 11 requires acceptance.

Electronic signatures and counterparts may be used only as current Vermont and local filing procedures permit.

9. Signatures and Court Record

Defendant

I have reviewed this agreement and understand it. I have discussed the charges, possible defenses, agreed disposition, rights relinquished, and consequences with counsel. My plea is voluntary.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Attorney

________________________________________
[DEFENSE ATTORNEY NAME]
Date: ______________________

Prosecutor

________________________________________
[PROSECUTOR NAME]
Date: ______________________

Guardian ad Litem, if Applicable

________________________________________
[GUARDIAN AD LITEM NAME]
Date: ______________________

Court

Plea: ☐ accepted ☐ rejected ☐ deferred
Agreement: ☐ accepted ☐ rejected ☐ deferred pending presentence report
If accepted, agreed or less onerous disposition confirmed: ☐ Yes
If rejected or deferred after plea, Rule 11(e)(4) advisements and withdrawal opportunity provided: ☐ Yes

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Vermont Judiciary, Form 200-00369A, Notice of Plea Agreement (02/2019) — https://www.vermontjudiciary.org/sites/default/files/documents/200-00369A_2.pdf
• Vermont Judiciary, Vermont Rules of Criminal Procedure — https://www.vermontjudiciary.org/attorneys/rules/criminal-procedure
• State v. Phillips, 2018 VT 85 — https://www.vermontjudiciary.org/sites/default/files/documents/op18-014.pdf
• In re Barber, 2018 VT 78 — https://www.vermontjudiciary.org/sites/default/files/documents/op15-451.pdf
• Vermont Judiciary, Promulgated Rules Over the Last Two Years — https://www.vermontjudiciary.org/attorneys/rules/promulgated