**STATE OF WEST VIRGINIA
PLEA AGREEMENT**
[// GUIDANCE: This template is intentionally over-inclusive so that counsel may strike or tailor provisions as appropriate to the specific facts, charges, and judicial preferences of the presiding court.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties
This Plea Agreement (the “Agreement”) is entered into by and between:
a. The State of West Virginia acting through the Office of the [PLACEHOLDER – Prosecuting Attorney’s Office, County] (“the Government”); and
b. [PLACEHOLDER – Defendant’s Full Legal Name] (“Defendant”), represented by counsel, [PLACEHOLDER – Defense Counsel Name & WV Bar No.].
1.2 Recitals
WHEREAS:
a. Defendant has been charged in Case No. [PLACEHOLDER – Case Number] pending in the Circuit Court of [PLACEHOLDER – County], State of West Virginia (the “Court”);
b. The parties desire to resolve the pending charges without the necessity of trial in accordance with Rule 11 of the West Virginia Rules of Criminal Procedure, W. Va. R. Crim. P. 11; and
c. In consideration of the mutual promises and conditions set forth herein, the parties agree as follows.
1.3 Effective Date & Jurisdiction
This Agreement becomes effective upon the Court’s oral acceptance of Defendant’s guilty plea (“Effective Date”). This Agreement is governed exclusively by the laws of the State of West Virginia.
2. DEFINITIONS
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below. Any term not defined herein shall have its commonly accepted legal meaning under West Virginia law.
“Agreement” – This written plea bargain, together with all attachments, schedules, and subsequent written amendments.
“Court” – The Circuit Court of [PLACEHOLDER – County], State of West Virginia, or any successor tribunal with competent jurisdiction over the case.
“Defendant” – The individual identified in Section 1.1(b).
“Effective Date” – As defined in Section 1.3.
“Government” – The entity identified in Section 1.1(a).
“Rule 11 Hearing” – The plea hearing conducted pursuant to W. Va. R. Crim. P. 11.
3. OPERATIVE PROVISIONS
3.1 Plea of Guilty
a. Defendant will plead GUILTY to Count(s) [PLACEHOLDER – specify count(s) and statutory citations] (the “Subject Offense”).
b. The Government agrees to move to dismiss Count(s) [PLACEHOLDER] at sentencing.
3.2 Elements & Factual Basis
Defendant admits that the following facts establish each essential element of the Subject Offense beyond a reasonable doubt:
[PLACEHOLDER – Detailed factual basis].
3.3 Maximum Penalties
Defendant understands that the maximum statutory penalties for the Subject Offense are:
• Incarceration: up to [PLACEHOLDER – years] years;
• Fine: up to $[PLACEHOLDER];
• Supervised release or probation: up to [PLACEHOLDER – years] years; and
• Special assessments or restitution as ordered by the Court.
3.4 Sentencing Framework
a. The parties acknowledge that West Virginia employs indeterminate sentencing subject to statutory ranges, judicial discretion, and advisory sentencing guidelines published by the West Virginia Sentencing Commission (non-binding).
b. Unless otherwise specified in Section 3.5, the Court retains full discretion to impose any lawful sentence.
3.5 Negotiated Sentencing Disposition
[SELECT ONE – delete inapplicable options]
☐ 3.5.1 Binding Capped Sentence – Pursuant to W. Va. R. Crim. P. 11(e)(1)(C), the parties jointly recommend, and Defendant agrees to accept, a sentence of [PLACEHOLDER – fixed term or range] (“Agreed Sentence”).
☐ 3.5.2 Non-Binding Recommendation – The Government will recommend [PLACEHOLDER – e.g., probation, specific range, or dismissal of enhancements]. The Court is not bound by this recommendation.
3.6 Financial Obligations
a. Restitution: Defendant shall make full restitution in the amount of $[PLACEHOLDER] to the victim(s) listed in Schedule 1.
b. Assessments: Defendant shall pay statutory court costs and assessments as determined by the Clerk.
[// GUIDANCE: Insert payment schedule or immediate-payment requirement if needed.]
3.7 Waiver of Trial Rights
By entering this Agreement, Defendant knowingly and voluntarily waives the constitutional rights to: (i) a jury trial; (ii) confront and cross-examine witnesses; (iii) compel witnesses; and (iv) remain silent at trial.
3.8 Limited Appeal & Collateral Attack Waiver
Except for claims of (i) ineffective assistance of counsel; (ii) prosecutorial misconduct; or (iii) an illegal sentence, Defendant waives the right to appeal the conviction and sentence and waives any right to collaterally attack the same in state or federal court.
3.9 Conditions Precedent
This Agreement is contingent upon:
a. Defendant making a full, truthful sworn statement of facts supporting the plea; and
b. The Court’s acceptance of the agreed disposition, if any, under W. Va. R. Crim. P. 11(e).
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant’s Representations
a. Competency – Defendant is fully competent and legally capable of entering this plea.
b. Voluntariness – The plea is voluntary and not the result of force, threats, or promises other than those set forth herein.
c. Truthfulness – All information provided to the Government and the Court is true and complete to the best of Defendant’s knowledge.
4.2 Government’s Representations
a. Authorization – The undersigned prosecutor has full authority to bind the Government.
b. Disclosure – All exculpatory and impeachment evidence known to the Government has been disclosed in compliance with applicable law and ethical rules.
4.3 Survival
The representations and warranties herein survive acceptance of the plea and imposition of sentence.
5. COVENANTS & RESTRICTIONS
5.1 Defendant’s Affirmative Covenants
a. Cooperation – Upon request, Defendant shall provide truthful cooperation in any related investigation or proceeding.
b. Pre-Sentence Compliance – Defendant shall not commit any federal, state, or local offense pending sentencing and shall comply with all bond conditions.
5.2 Negative Covenants
Defendant shall not publicly repudiate the factual basis or otherwise undermine the integrity of this Agreement.
5.3 Notice Obligations
Defendant must promptly notify the Government of any breach or potential breach of Section 5.1 or 5.2.
6. DEFAULT & REMEDIES
6.1 Events of Default
The following constitute a default:
a. Defendant provides materially false information;
b. Defendant commits any new criminal offense; or
c. Defendant otherwise materially breaches any covenant herein.
6.2 Government Remedies
Upon default, the Government may, in its sole discretion:
i. Declare this Agreement null and void;
ii. Reinstate any dismissed charges; and/or
iii. Use Defendant’s admissions in any subsequent prosecution.
6.3 Defendant’s Remedies
If the Court rejects a binding plea under Section 3.5.1, Defendant may withdraw the plea under W. Va. R. Crim. P. 11(e)(4).
6.4 Notice & Opportunity to Cure
Absent exigent circumstances, the Government shall provide written notice of default, and Defendant shall have 5 court days to cure where cure is objectively possible.
6.5 Attorney Fees
Each party bears its own costs and attorney fees.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification clauses are not applicable in criminal plea agreements. Liability is allocated via the Agreed Sentence or the Court’s ultimate sentence.]
7.1 Limitation of Liability
Defendant’s criminal liability for the Subject Offense is capped at the Agreed Sentence or, if none, the statutory maximum. Civil liability, if any, is unaffected by this Agreement.
7.2 Force Majeure
The parties acknowledge that external events (e.g., pandemic-related court closures) may necessitate continuances; such events shall not constitute breach.
8. DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be interpreted under the laws of the State of West Virginia.
8.2 Forum Selection
Exclusive jurisdiction resides in the Circuit Court of [PLACEHOLDER – County], State of West Virginia.
8.3 Arbitration
Arbitration is not available for criminal matters and is therefore expressly excluded.
8.4 Jury Waiver
Defendant’s plea of guilty inherently waives the right to a jury trial on the Subject Offense.
8.5 Injunctive Relief
Not applicable.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This writing constitutes the entire plea agreement between the parties and supersedes all prior or contemporaneous oral or written understandings.
9.2 Amendments
Any modification must be in writing, signed by all parties, and approved by the Court.
9.3 Severability
Should any provision be declared unenforceable, the remainder shall continue in full force, provided such remainder still reflects the parties’ essential bargain.
9.4 Successors & Assigns
This Agreement binds Defendant and the Government and their respective successors; it may not be assigned by Defendant.
9.5 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the dates set forth below.
DEFENDANT
[PLACEHOLDER – Defendant Name]
Date: ____
DEFENSE COUNSEL
[PLACEHOLDER – Attorney Name & WV Bar No.]
Date: ____
THE STATE OF WEST VIRGINIA
[PLACEHOLDER – Prosecutor Name]
[PLACEHOLDER – Title & Office]
Date: ____
COURT ACCEPTANCE
The foregoing Plea Agreement is hereby accepted this _ day of _, 20__, and the Defendant’s plea of guilty is adjudged in open court. The matter is referred to the Probation Department for preparation of a pre-sentence report.
Hon. [PLACEHOLDER – Judge’s Name]
Judge, Circuit Court of [PLACEHOLDER – County]
[Seal/Notary Block if required by local practice]
[// GUIDANCE:
1. Verify compliance with any standing orders or local rules (e.g., disclosure deadlines, victim-impact procedures).
2. Evaluate whether additional collateral-consequences notices (e.g., immigration, firearm possession, sex-offender registration) are statutorily required for the Subject Offense.
3. Consider attaching a factual stipulation or proffer as Exhibit A for clarity at the Rule 11 Hearing.
4. In multi-count or multi-defendant matters, replicate or adapt Sections 3.1–3.5 for each count/defendant.
5. Confirm that any negotiated sentencing disposition is acceptable to the presiding judge before final execution.]