STATE OF WISCONSIN
CIRCUIT COURT – [PLACEHOLDER–COUNTY] COUNTY
BRANCH [PLACEHOLDER]
PLEA AGREEMENT AND STIPULATION
(Wis. Stat. § 971.08 compliant)
Effective Date: [DATE]
TABLE OF CONTENTS
- Document Header
- Recitals
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
[// GUIDANCE: Delete the Table of Contents if the local court requires a shorter filing.]
1. DOCUMENT HEADER
1.1 Parties
a. Plaintiff: State of Wisconsin, by and through the District Attorney for [COUNTY] County (“Prosecutor”).
b. Defendant: [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”).
c. Defense Counsel: [ATTORNEY NAME], State Bar No. [NUMBER] (“Defense Counsel”).
1.2 Jurisdiction & Venue
This Agreement is governed by Wisconsin criminal law and is intended for filing in the Circuit Court of [COUNTY] County, Wisconsin (“Court”).
1.3 Consideration
Mutual promises, including the Defendant’s change of plea and the Prosecutor’s sentencing concessions, constitute good and sufficient consideration.
2. RECITALS
A. The Defendant is charged in Case No. [NUMBER] with the following counts (collectively, the “Charges”):
• Count 1 – [STATUTE/CLASSIFICATION & ELEMENTS]
• Count 2 – [STATUTE/CLASSIFICATION & ELEMENTS]
(Add or delete counts as necessary.)
B. The parties have engaged in plea negotiations pursuant to Wis. Stat. § 971.08 and applicable local rules.
C. The parties desire to resolve the Charges without trial, subject to Court approval, on the terms set forth herein.
3. DEFINITIONS
For ease of reference, capitalized terms have the meanings below.
“Agreement” – This Plea Agreement and Stipulation, including all schedules and exhibits.
“Charges” – The criminal counts identified in Recital A or as amended herein.
“Court” – The Circuit Court of [COUNTY] County, Wisconsin.
“Dismissed and Read-In” – Counts dismissed but considered for sentencing purposes under Wisconsin law.
“Plea” – The plea of [GUILTY / NO CONTEST] tendered by Defendant pursuant to Section 4.2.
“Sentencing Hearing” – The hearing at which the Court will impose sentence.
“Statute” – The Wisconsin Statute(s) cited for each Charge.
4. OPERATIVE PROVISIONS
4.1 Charge Amendments
a. The Prosecutor agrees to move the Court to:
i. Dismiss and read-in the following counts: [LIST, IF ANY]; and
ii. Amend Count(s) [NUMBER(S)] to [AMENDED OFFENSE(S)].
4.2 Plea
Defendant shall enter a [GUILTY / NO CONTEST] plea to Count(s) [NUMBER(S)] as amended.
4.3 Rights Waived
By entering the Plea, Defendant knowingly and voluntarily waives the following rights:
a. Trial by jury;
b. Confrontation of witnesses;
c. Compulsory process;
d. Presumption of innocence;
e. Right to remain silent and to require the State to prove guilt beyond a reasonable doubt; and
f. Right to appeal the conviction, except as specifically preserved in Section 4.7.
4.4 Factual Basis
Defense Counsel stipulates that a sufficient factual basis exists for the Plea, and Defendant concurs.
4.5 Sentencing Recommendation
a. Prosecutor will recommend:
• Term of incarceration: [PLACEHOLDER – MONTHS/YEARS];
• Extended supervision/probation: [PLACEHOLDER];
• Fine: $[AMOUNT];
• Restitution: $[AMOUNT] payable per Section 4.6;
• Other conditions: [ALCOHOL/DRUG TREATMENT, NO-CONTACT ORDER, ETC.].
b. Defendant may argue for any lawful sentence unless expressly limited here: [YES/NO LIMITS].
[// GUIDANCE: In Wisconsin, the Court is not bound by any party’s sentencing recommendation (§ 971.08(1)(a)).]
4.6 Restitution
Defendant shall pay restitution in the amount of $[AMOUNT] to [VICTIM NAME] pursuant to Wis. Stat. § 973.20, payable as ordered at sentencing.
4.7 Appeal Waiver
a. Except for (i) grounds that the plea was not knowing, voluntary, or intelligent; (ii) ineffective assistance of counsel; or (iii) unauthorized or illegal sentence, Defendant waives the right to appeal the conviction and sentence.
b. Any post-conviction motion under Wis. Stat. § 974.06 is limited accordingly.
4.8 Conditions Precedent
This Agreement is contingent upon:
a. Court acceptance of the Plea after a full colloquy;
b. Verification that Defendant is not subject to pending felony probation or parole revocations that would preclude this disposition; and
c. Defendant’s continued compliance with Section 6 (Covenants).
5. REPRESENTATIONS & WARRANTIES
5.1 By Defendant
a. Competency: Defendant is mentally competent and not under the influence of substances impairing judgment.
b. Voluntariness: Plea is voluntary, free of threats or promises not contained in this Agreement.
c. Disclosure: Defendant has disclosed all known criminal history to Defense Counsel.
d. Immigration: Defendant understands potential immigration consequences of conviction (see Padilla advisement).
5.2 By Defense Counsel
Counsel certifies having explained (i) the elements of the Charges, (ii) possible defenses, (iii) maximum penalties, and (iv) collateral consequences to Defendant, who understands same.
5.3 By Prosecutor
a. Authority: Prosecutor has authority to enter into this Agreement.
b. Complete Offer: All promises are contained herein; no undisclosed inducements exist.
5.4 Survival
Sections 5.1–5.3 survive acceptance of the Plea and sentencing.
6. COVENANTS
6.1 Future Conduct
Between signing and sentencing, Defendant shall (i) commit no new criminal offense, (ii) appear at all court dates, and (iii) comply with any bail or bond conditions.
6.2 Truthfulness
Defendant agrees to provide truthful information to the Court and the Pre-Sentence Investigation (“PSI”) writer.
6.3 Cooperation
If applicable, Defendant will cooperate in [INVESTIGATION/PROSECUTION] of co-defendants, as detailed in Schedule A.
7. DEFAULT & REMEDIES
7.1 Events of Default
a. Defendant’s failure to appear;
b. Commission of a new criminal offense;
c. Material false statement to the Court or PSI;
d. Violation of Section 6 covenants.
7.2 Prosecutor’s Remedies
Upon default, Prosecutor may:
a. Void this Agreement;
b. Reinstate any dismissed or amended charges;
c. Use Defendant’s statements made pursuant to plea negotiations against Defendant, subject to § 904.10 exceptions.
7.3 Notice & Opportunity to Cure
Except for non-appearance or new offense, Prosecutor shall give written notice of default. Defendant has five (5) court days to cure, if curable, before remedies attach.
7.4 Attorney Fees & Costs
Each party bears its own attorney fees and costs.
8. RISK ALLOCATION
8.1 Indemnification
Not applicable to criminal matters.
8.2 Limitation of Liability
The Defendant’s liability is limited to the sentence imposed by the Court, any restitution ordered, and statutorily mandated surcharges and costs.
8.3 Force Majeure
Not applicable.
9. DISPUTE RESOLUTION
9.1 Governing Law
This Agreement is governed by the laws of the State of Wisconsin.
9.2 Forum Selection
Exclusive venue lies in the Circuit Court of [COUNTY] County, Wisconsin.
9.3 Arbitration
Not available for criminal proceedings.
9.4 Jury Waiver
By entering the Plea, Defendant irrevocably waives the right to trial by jury on the Charges.
10. GENERAL PROVISIONS
10.1 Entire Agreement
This Agreement constitutes the entire plea agreement. No oral or written statements outside this document are binding.
10.2 Amendment
Amendments must be in writing, signed by all parties, and approved by the Court.
10.3 Assignment
Neither party may assign rights or obligations hereunder.
10.4 Severability
If any provision is held unlawful, the remaining provisions remain in effect.
10.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts and by electronic signature, each deemed an original.
10.6 Headings
Section headings are for convenience only and do not affect interpretation.
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties execute this Plea Agreement as of the Effective Date.
Defendant
[DEFENDANT NAME]
Date: _ / _ / 20__
Defense Counsel
[ATTORNEY NAME], State Bar No. [NUMBER]
Counsel for Defendant
Date: _ / _ / 20__
Prosecutor
[PROSECUTOR NAME]
Assistant District Attorney, [COUNTY] County, Wisconsin
Date: _ / _ / 20__
COURT ACCEPTANCE
The foregoing Plea Agreement is hereby [ACCEPTED / REJECTED] by the Court pursuant to Wis. Stat. § 971.08. The Court finds the plea(s) to be knowingly, voluntarily, and intelligently made and finds a factual basis therefor.
Hon. [JUDGE NAME]
Circuit Court Judge, [COUNTY] County
Date: _ / _ / 20__
[// GUIDANCE: Attach Schedule A (Cooperation Terms), Schedule B (Restitution Details), or additional schedules as needed. Be sure to file the signed Agreement with the Clerk and provide copies to all parties.]