State Plea Agreement - Wisconsin

STATE OF WISCONSIN PLEA AGREEMENT SUPPLEMENT

Court: STATE OF WISCONSIN, CIRCUIT COURT, [COUNTY] COUNTY
Case No.: [CASE NUMBER]
Defendant: [DEFENDANT FULL LEGAL NAME]

Use this attorney-drafted supplement with current Wisconsin Circuit Court Form CR-227, Plea Questionnaire/Waiver of Rights. The official form states that it must not be modified; additional material may be attached separately.

1. Charges and Pleas

Defendant intends to plead:

A plea of no contest is subject to Court approval under § 971.06(1)(c).

The State agrees to:

• ☐ amend or dismiss these charges or allegations: [________________________________];
• ☐ treat these identified charges as read-ins: [________________________________];
• ☐ make the sentencing recommendation stated below; and
• ☐ take this other identified action: [________________________________].

The complete agreement will be stated in court or incorporated through this signed attachment to CR-227.

2. Sentencing Recommendation and Exposure

The official CR-227 form advises Defendant that the judge is not bound by any plea agreement or recommendation and may impose the maximum lawful penalty and any mandatory minimum.

3. Read-In Charges

For each proposed read-in, identify the charge, factual basis, restitution exposure, and agreement against future prosecution:

[____________________________________________________________]

[____________________________________________________________]

CR-227 explains that a sentencing judge may consider a read-in charge without increasing the maximum penalty for the conviction offense, restitution may be ordered on a read-in charge, and the State may not later prosecute the read-in charge.

4. Plea Inquiry and Rights

Before accepting a guilty or no-contest plea, § 971.08 requires the Court to:

• address Defendant personally and determine that the plea is voluntary and entered with an understanding of the charge and potential punishment;
• make an inquiry satisfying the Court that Defendant in fact committed the charged crime; and
• personally give the statutory noncitizen warning.

CR-227 records Defendant's understanding of the elements, trial rights, maximum and minimum penalties, the nonbinding recommendation, and specified consequences. The form does not replace the required personal colloquy.

Proposed factual basis and source in the record:

• ☐ criminal complaint;
• ☐ preliminary examination;
• ☐ facts stated in court; or
• ☐ other lawful source: [________________________________].

[____________________________________________________________]

5. Immigration Warning and Plea Withdrawal

Section 971.08(1)(c) requires the Court personally to advise that, if Defendant is not a United States citizen, a guilty or no-contest plea may result in deportation, exclusion from admission, or denial of naturalization under federal law.

If the Court fails to give that warning and Defendant later shows that the plea is likely to result in one of those consequences, § 971.08(2) directs the Court, on motion, to vacate the applicable judgment and permit withdrawal. Section 971.08(3) bars use in a later action of a guilty plea that was not accepted or was later withdrawn.

This agreement does not alter any other ground or procedure for plea withdrawal.

6. Restitution and Additional Terms

Victim, loss, restitution amount, and proposed procedure under § 973.20:

[____________________________________________________________]

Additional negotiated obligations:

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

No alleged breach creates an automatic remedy. A party must seek a judicial determination, and any change in position, use of statements, withdrawal, or other remedy is governed by the agreement and current law.

7. Review and Complete Agreement

This template does not impose a blanket waiver of appeal, post-conviction relief, ineffective-assistance claims, or other remedies. Any separately negotiated limitation must be stated precisely and reviewed for current enforceability.

Form CR-227, this supplement, incorporated attachments, and terms stated in court constitute the complete agreement. Do not modify the official form itself.

8. Signatures

Defendant

I reviewed and understand Form CR-227, this supplement, and all attachments. I discussed them with counsel and enter my plea freely, voluntarily, and intelligently.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

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

District Attorney

________________________________________
[PROSECUTOR NAME]
Date: ______________________

Court Record

Plea: ☐ accepted ☐ rejected
No-contest approval, if applicable: ☐ granted ☐ denied
Section 971.08 findings and warning made personally on the record: ☐ Yes

Sources and References

• Wisconsin Legislature, Wis. Stat. § 971.06 — https://docs.legis.wisconsin.gov/statutes/statutes/971/06
• Wisconsin Legislature, Wis. Stat. § 971.08 — https://docs.legis.wisconsin.gov/statutes/statutes/971/08
• Wisconsin Legislature, Wis. Stat. § 973.20 — https://docs.legis.wisconsin.gov/statutes/statutes/973/20
• Wisconsin Court System, Form CR-227 — https://www.wicourts.gov/formdisplay/CR-227.pdf?formNumber=CR-227&formType=Form&formatId=2&language=en