State Plea Agreement - Washington

STATE OF WASHINGTON FELONY PLEA AGREEMENT

Court: SUPERIOR COURT OF WASHINGTON FOR [COUNTY] COUNTY
Case No.: [CASE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

Use this attorney-drafted companion with the current CrR 4.2(g) Statement of Defendant on Plea of Guilty and every applicable attachment. This template addresses a Superior Court felony plea. Courts of limited jurisdiction use CrRLJ 4.2 and a different prescribed statement.

1. Charges and Guilty Plea

CrR 4.2 permits a plea of guilty, not a generic nolo-contendere election. Defendant agrees to plead GUILTY to:

The State agrees to take only the following identified actions authorized by RCW 9.94A.421:

• ☐ move to dismiss these charges or counts: [________________________________];
• ☐ file or amend to this charge or count: [________________________________];
• ☐ refrain from filing these identified charges or counts: [________________________________];
• ☐ make the sentencing recommendation stated below; or
• ☐ make this other lawful promise: [________________________________].

The nature of and reasons for the agreement will be made part of the record when the plea is entered.

2. Criminal History and Sentencing Calculation

Before entry of the plea, CrR 4.2(e) and RCW 9.94A.441 require the parties to file their understanding of Defendant's criminal history. Attach the prosecutor's statement and any different defense statement.

The complete, current CrR 4.2(g) form must identify every offense-specific and date-dependent consequence that applies.

3. Recommendation and Other Terms

The State will recommend:

RCW 9.94A.431 provides that the sentencing judge is not bound by recommendations in an allowed plea agreement. Defendant must be advised of that fact when the plea is entered.

4. Court Review of the Agreement

At the plea hearing, the Court determines whether the agreement is consistent with the interests of justice and the prosecuting standards. If the Court determines that it is not, the Court will state that the parties are not bound and that Defendant may withdraw the guilty plea and enter a plea of not guilty.

For a crime against persons covered by RCW 9.94A.421 and .431, the prosecutor must make the required reasonable efforts to inform the victim and must advise the Court on the record of any victim objections or comments.

Court's action:

• ☐ agreement allowed; recommendation remains nonbinding;
• ☐ agreement disallowed; parties are not bound and withdrawal opportunity given; or
• ☐ other action authorized by current law: [________________________________].

5. Voluntariness, Rights, and Factual Basis

The Court may not accept the guilty plea without determining that it is voluntary, competent, and entered with an understanding of the charge and consequences. The Court may not enter judgment unless satisfied that a factual basis exists.

Defendant will complete and sign the current CrR 4.2(g) statement, which addresses counsel, the elements, trial rights, criminal history, sentencing exposure, recommendations, and applicable consequences. This companion does not replace that statement or the Court's inquiry.

Proposed factual basis:

[____________________________________________________________]

[____________________________________________________________]

6. Restitution and Additional Obligations

Victim, loss, restitution amount, and procedure under RCW 9.94A.753:

[____________________________________________________________]

Additional negotiated obligations:

• ☐ Defendant will appear as ordered and comply with existing release conditions.
• ☐ Defendant will provide this specifically described cooperation: [________________________________].
• ☐ Other lawful term: [________________________________].

No alleged breach creates an automatic remedy. A party must request a judicial determination, and any change in recommendation, reinstatement of charges, withdrawal, or use of statements must be authorized by current law and the agreement.

7. Review and Complete Agreement

The current CrR 4.2(g) statement explains that the right to appeal is limited and identifies the sentencing-review rules applicable to the case. This template does not impose a blanket waiver of appeal, personal restraint, ineffective-assistance claims, or other remedies.

The filed guilty-plea statement, this companion, incorporated attachments, and terms stated on the record constitute the complete agreement. Amendments must be documented and disclosed to the Court.

8. Signatures

Defendant

I have reviewed the current CrR 4.2(g) statement and this agreement with counsel. I understand the agreement and enter my guilty plea voluntarily.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

________________________________________
[DEFENSE COUNSEL NAME], WSBA No. [____]
Date: ______________________

Prosecuting Attorney

________________________________________
[PROSECUTOR NAME], WSBA No. [____]
Date: ______________________

Court

Agreement review under RCW 9.94A.431: ☐ allowed ☐ disallowed
CrR 4.2 plea and factual-basis findings made on the record: ☐ Yes

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• Washington Courts, CrR 4.2 — https://www.courts.wa.gov/court_rules/pdf/CrR/SUP_CrR_04_02_00.pdf
• Washington Courts, CrRLJ 4.2 — https://www.courts.wa.gov/court_rules/pdf/CrRLJ/CLJ_CrRLJ_04_02_00.pdf
• Washington Legislature, RCW 9.94A.421 — https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.421
• Washington Legislature, RCW 9.94A.431 — https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.431
• Washington Legislature, RCW 9.94A.441 — https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.441
• Washington Legislature, RCW 9.94A.753 — https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.753