STATE OF WASHINGTON

SUPERIOR COURT OF [COUNTY]

PLEA AGREEMENT

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

[// GUIDANCE: Delete the Table of Contents before filing if the particular court discourages TOCs for plea documents.]

I. DOCUMENT HEADER

1. Parties
   1.1 The State of Washington, by and through the [COUNTY] County Prosecuting Attorney (“State”).
   1.2 [DEFENDANT LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”).

2. Counsel of Record
   2.1 State: [Deputy Prosecuting Attorney Name, WSBA No.]
   2.2 Defendant: [Defense Counsel Name, WSBA No.]

3. Case Information
   3.1 Cause No.: [CAUSE NUMBER]
   3.2 Charging Document: [Information/Amended Information] filed [DATE].
   3.3 Offense(s) Charged: [LIST CHARGES & RCW CITATIONS].

4. Effective Date
   4.1 This Plea Agreement (“Agreement”) becomes effective upon the Court’s acceptance of Defendant’s plea pursuant to Wash. Super. Ct. Crim. R. 4.2 (“CrR 4.2”).

5. Jurisdiction & Venue
   5.1 This matter is governed exclusively by the criminal laws of the State of Washington (“Governing Law”) and shall be heard in the Superior Court of [COUNTY] County (“Court”).

II. DEFINITIONS

“Agreement” – this written Plea Agreement, including all attachments, schedules, and the incorporated Factual Basis.
“Base Offense” – the charge(s) to which Defendant agrees to plead guilty, as identified in § III.1.
“Court” – the Superior Court of [COUNTY] County, State of Washington.
“Defendant” – the individual identified in § I.1.2.
“Factual Basis” – the specific facts, attached as Schedule A, sufficient to support Defendant’s guilty plea under CrR 4.2(d).
“Standard Range” – the sentencing range calculated under the Washington Sentencing Reform Act, Wash. Rev. Code § 9.94A (“SRA”), based upon the offender score and offense seriousness level.

[// GUIDANCE: Add or remove defined terms to fit the charge(s) and negotiated terms.]

III. OPERATIVE PROVISIONS

1. Plea
   1.1 Subject to the terms below, Defendant shall plead GUILTY to:
   (a) Count [ ] – [OFFENSE], a [CLASS] [FELONY/GROSS MISDEMEANOR] in violation of RCW [ ].

2. Dismissed/Amended Charges
   2.1 Upon the Court’s acceptance of this plea, the State will move to:
   (a) Dismiss: [LIST COUNTS] with prejudice.
   (b) Amend: [IF APPLICABLE].

3. Sentencing Recommendation
   3.1 The parties jointly recommend the following (“Agreed Sentence”):
   (a) Confinement: [ ] months (low/mid/high end of Standard Range).
   (b) Community Custody: [ ] months.
   (c) Legal Financial Obligations (“LFOs”):
   (i) Mandatory Victim Assessment – $500;
   (ii) Restitution – $[ ];
   (iii) DNA Collection Fee – $100;
   (iv) Court Costs – $[ ].
   (d) Credit for Time Served: [ ] days.
   3.2 The parties acknowledge the Court is not bound by this recommendation.

4. Collateral Consequences
   4.1 Immigration (RCW 10.40.200): Defendant is advised that conviction of the offense(s) herein may result in deportation, exclusion from admission, or denial of naturalization.
   4.2 Firearms & Voting: Conviction of a felony will result in loss of firearm rights and provisional loss of voting rights until restoration.
   4.3 DNA Sampling: Defendant shall provide a biological sample under RCW 43.43.754.

5. Rights Waived
   Defendant knowingly, intelligently, and voluntarily waives:
   5.1 The right to a jury trial;
   5.2 The right to confront witnesses;
   5.3 The right against self-incrimination;
   5.4 The right to appeal, except as set forth in § VI.2.

6. Conditions Precedent
   6.1 Defendant’s performance of all obligations in this Agreement.
   6.2 Court’s inquiry and finding of voluntariness under CrR 4.2(d).

IV. REPRESENTATIONS & WARRANTIES

1. Defendant’s Representations
   1.1 Competency: Defendant is mentally competent and not under the influence of intoxicants.
   1.2 Voluntariness: No threats or undisclosed promises induced this plea.
   1.3 Factual Basis: Defendant concurs that Schedule A accurately states facts sufficient for conviction.

2. State’s Representations
   2.1 Disclosure: The State has provided all discoverable material required by CrR 4.7.
   2.2 Good Faith: The State enters this Agreement in the interests of justice.

3. Survival
   3.1 The representations in this Article survive the Court’s acceptance of the plea.

V. COVENANTS & RESTRICTIONS

1. Defendant’s Covenants
   1.1 Appear for all hearings and comply with bond conditions.
   1.2 Commit no new criminal law violations before sentencing.
   1.3 Provide truthful testimony or cooperation outlined in Schedule B (if any).

2. State’s Covenants
   2.1 Support the Agreed Sentence.
   2.2 Move for dismissal/amendment per § III.2.

VI. DEFAULT & REMEDIES

1. Defendant Default
   1.1 Events of Default:
   (a) Failure to appear;
   (b) New criminal conduct;
   (c) Withdrawal of plea without legal cause.
   1.2 Remedies: Upon default, the State may:
   (a) Withdraw this Agreement;
   (b) Reinstate dismissed charges;
   (c) Recommend any lawful sentence up to the statutory maximum.

2. Limited Right to Appeal
   2.1 Defendant waives the right to appeal the conviction and sentence except:
   (a) A sentence exceeding the statutory maximum or Standard Range;
   (b) Lack of jurisdiction;
   (c) Court’s failure to follow the terms of this Agreement.

3. State Default
   3.1 If the State materially breaches, Defendant may seek specific performance or withdraw the plea.

VII. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are not applicable in criminal pleas; this section intentionally limited.]

1. Agreed Sentence as Sole Liability Cap
   1.1 The parties agree that the Agreed Sentence in § III.3 constitutes the full extent of Defendant’s criminal liability for the conduct charged and described in Schedule A.

VIII. DISPUTE RESOLUTION

1. Governing Law
   1.1 This Agreement is governed by the criminal laws of the State of Washington.

2. Forum Selection
   2.1 Exclusive venue lies in the Superior Court of [COUNTY] County.

3. Arbitration & Injunctive Relief
   3.1 Not applicable to criminal proceedings.

4. Jury Waiver
   4.1 Incorporated in § III.5.1.

IX. GENERAL PROVISIONS

1. Entire Agreement
   1.1 This document, including schedules, incorporates all promises; no other agreements exist.

2. Amendments
   2.1 Must be in writing, signed by both parties, and approved by the Court.

3. Severability
   3.1 If any provision is held invalid, the remainder remains enforceable, provided it does not defeat the essential purpose.

4. Successors & Assigns
   4.1 Not applicable except that obligations bind Defendant’s estate.

5. Counterparts & Electronic Signatures
   5.1 This Agreement may be executed in counterparts, including via electronic means consistent with GR 30.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto execute this Plea Agreement as of the dates set forth below.

Defendant

[DEFENDANT NAME]
Date: ____

I certify that I have read this Agreement, reviewed every paragraph with my attorney, understand its consequences, and enter the plea freely and voluntarily.

Defense Counsel Certification

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

I certify that I have discussed all elements of this Agreement with Defendant, including constitutional rights, potential defenses, sentencing consequences, and collateral effects (including immigration). Defendant’s decision to plead guilty is informed and voluntary.

State of Washington

[DEPUTY PROSECUTING ATTORNEY NAME]
Deputy Prosecuting Attorney
Date: ____

Court Acceptance

The Court, having questioned the Defendant under oath, examined the Factual Basis, and found that the plea is knowingly, intelligently, and voluntarily made, ACCEPTS the plea and ORDERS entry of judgment and sentence in accordance with this Agreement on the ___ day of ____, 20__.

[JUDGE NAME]
Judge of the Superior Court

Schedule A – Factual Basis

[Provide a concise, first-person statement of facts establishing each element of the offense.]

Schedule B – Cooperation (If Applicable)

[Detail any required debriefs, testimony, or other assistance.]

[// GUIDANCE: Attach additional schedules (e.g., offender score worksheet) as required by local practice.]