STATE OF VERMONT

PLEA AGREEMENT

(Draft Template—For Attorney Use Only)

[// GUIDANCE: This template is drafted to comply with Vt. R. Crim. P. 11 (pleas) and common Vermont prosecutorial practices. Customize all bracketed terms, attach any schedules, and review for case-specific nuances before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Dispute Resolution
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

This Plea Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] by and among:

A. The State of Vermont, acting by and through the Office of the [COUNTY] State’s Attorney (the “State”); and
B. [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], having an address of [ADDRESS] (the “Defendant”).

(Each a “Party” and collectively the “Parties.”)

Court & Case Information
• Court: Vermont Superior Court, Criminal Division, [COUNTY] Unit (the “Court”)
• Docket No.: [DOCKET NUMBER]
• Judge: The Honorable [JUDGE NAME]

Recitals
WHEREAS, an Information/Indictment was filed charging Defendant with [CHARGES & STATUTORY REFERENCES] (collectively, the “Charges”);
WHEREAS, the Parties seek to resolve the Charges without trial pursuant to Vermont Rule of Criminal Procedure 11; and
WHEREAS, the Parties acknowledge that consideration for this Agreement includes the mutual promises herein and the waiver of constitutional trial rights by Defendant.

NOW, THEREFORE, in consideration of the mutual covenants and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Defined terms apply equally to singular and plural forms.

“Agreement” has the meaning set forth in the Document Header.
“Charge(s)” means the offense(s) identified in Section 1.
“Court” means the Vermont Superior Court, Criminal Division, [COUNTY] Unit.
“Effective Date” means the date first written above.
“Guideline Range” means the lawful sentencing range established by Vermont statute for the Charges.
“Plea Hearing” means the Rule 11 colloquy at which Defendant will tender the Plea.
“Plea” means the unconditional plea of [GUILTY / NO CONTEST] to the Charges as set forth herein.
“Sentence” means the disposition described in Section 3.3.

[// GUIDANCE: Add or delete definitions as necessary.]

3. OPERATIVE PROVISIONS

3.1 Plea
(a) Defendant shall enter an [GUILTY / NO CONTEST] Plea to [IDENTIFY COUNT(S)] before the Court at the Plea Hearing.
(b) The State agrees to [DISMISS / NOT PROSECUTE] the remaining counts, if any, at sentencing provided Defendant fully performs hereunder.

3.2 Rights Waived by Defendant
Upon the Court’s acceptance of the Plea, Defendant knowingly and voluntarily waives:
1. The right to a speedy and public jury trial;
2. The right to confront and cross-examine witnesses;
3. The right to compel witnesses;
4. The privilege against self-incrimination; and
5. The right to appeal the conviction and any sentence imposed within the agreed-upon range, except as preserved in Section 3.4(c).

3.3 Sentencing Agreement
(a) Recommended Sentence: [INCARCERATION TERM] [TO BE SUSPENDED / PARTIALLY SUSPENDED], with [PROBATION TERM] probation.
(b) Conditions of Probation: As imposed by the Court and including [STANDARD / SPECIAL] conditions attached as Schedule A.
(c) Financial Obligations: Restitution of $[AMOUNT], fine of $[AMOUNT], and statutory surcharges.
(d) Cap: The Parties agree the aggregate term of incarceration shall not exceed [CAP TERM].
(e) Non-binding Nature: The Court retains final discretion. If the Court rejects any material term, Defendant may elect to withdraw the Plea pursuant to Vt. R. Crim. P. 11(e)(4).

3.4 Appeal & Collateral Attack Waiver
(a) Defendant waives all rights to appeal the conviction and Sentence, and to collaterally attack them under 13 V.S.A. § 7131 or equivalent, except for:
i. Claims of ineffective assistance of counsel;
ii. Prosecutorial misconduct;
iii. A Sentence in excess of the agreed cap in Section 3.3(d).
(b) The State waives its right to appeal any lawful Sentence within the agreed range.
(c) Nothing herein limits either Party’s right to seek enforcement of this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 By Defendant
(a) Competency: Defendant is mentally competent and fully understands this Agreement.
(b) Voluntariness: The Plea is voluntary and not the result of force, threats, or promises other than those in this Agreement.
(c) Factual Basis: Defendant admits the material facts underlying the Charges and acknowledges that those facts establish guilt.

4.2 By the State
The State represents that (i) it has conducted an independent review of the evidence, and (ii) the Charges are supported by probable cause.

4.3 Survival
The representations and warranties in this Section survive entry of judgment and sentencing.

5. COVENANTS & RESTRICTIONS

5.1 Defendant’s Covenants
(a) Appearance: Defendant shall appear at all Court dates.
(b) Compliance: Defendant shall comply with all pre-trial release and probation conditions.
(c) Cooperation: Defendant shall provide truthful testimony if required in related proceedings.

5.2 State’s Covenants
The State shall (i) recommend the Sentence in Section 3.3, (ii) move to dismiss counts as specified, and (iii) refrain from further prosecution of dismissed counts absent Defendant’s breach.

6. DEFAULT & REMEDIES

6.1 Events of Default
A “Default” occurs if:
1. Defendant fails to appear;
2. Defendant violates probation prior to sentencing;
3. Defendant provides materially false information; or
4. Defendant commits any new criminal offense before final disposition.

6.2 Remedies Upon Defendant Default
Upon Default, the State may, at its sole option:
(a) Rescind this Agreement and reinstate or file any charges supportable by the evidence;
(b) Recommend any lawful Sentence up to the statutory maximum; and/or
(c) Use Defendant’s admissions herein against Defendant in any proceeding.

6.3 Remedies Upon State Default
If the State materially breaches, Defendant may elect to (i) enforce the Agreement, or (ii) withdraw the Plea and proceed to trial.

6.4 Notice & Cure
Except for willful misconduct, a non-defaulting Party shall give written notice of breach. The breaching Party shall have [NUMBER] days to cure if the breach is reasonably curable.

7. DISPUTE RESOLUTION

7.1 Governing Law
This Agreement is governed by the laws of the State of Vermont, without regard to conflict-of-law principles.

7.2 Forum Selection
The Parties submit to the exclusive jurisdiction of the Vermont Superior Court, Criminal Division, [COUNTY] Unit for any dispute concerning interpretation or enforcement.

7.3 Arbitration & Injunctive Relief
Arbitration is not available. Injunctive relief is not applicable.

8. GENERAL PROVISIONS

8.1 Entire Agreement
This document constitutes the entire agreement and supersedes all prior understandings.

8.2 Amendments
No amendment is effective unless in writing, signed by all Parties, and approved by the Court.

8.3 Severability
If any provision is held unlawful, the remaining provisions remain enforceable.

8.4 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

8.5 Successors & Assigns
This Agreement binds the Parties and their respective successors. It is not assignable by Defendant.

8.6 Headings
Headings are for convenience only and do not affect interpretation.

9. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Add notarization or witness lines only if local court rules require written verification. Many Vermont courts accept counsel certification without notarization for plea agreements.]

SCHEDULE A – STANDARD & SPECIAL PROBATION CONDITIONS

[// GUIDANCE: Insert standard conditions from Vt. Dept. of Corrections Form 240 and any negotiated special conditions (e.g., substance abuse treatment, no-contact orders, restitution payment schedule).]