State Plea Agreement - West Virginia

STATE OF WEST VIRGINIA CIRCUIT COURT PLEA AGREEMENT

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

This template addresses Rule 11 proceedings in circuit court. Magistrate-court pleas follow the separate Rules of Criminal Procedure for Magistrate Courts.

1. Charges and Plea

Defendant agrees to plead [GUILTY / NOLO CONTENDERE] to:

A nolo-contendere plea requires Court consent after consideration of the parties' views and the public interest in the effective administration of justice.

This plea is:

• ☐ unconditional; or
• ☐ conditional under Rule 11(a)(2), with State consent and Court approval, reserving appellate review of this specified adverse pretrial ruling: [________________________________].

2. Rule 11(e)(1) Agreement Type

Select every applicable term:

• ☐ (A) Dismissal: the State will move to dismiss these charges: [________________________________].
• ☐ (B) Nonbinding recommendation: the State will recommend, or not oppose, this request: [________________________________].
• ☐ (C) Specific disposition: the parties agree that this specific sentence is appropriate: [________________________________].
• ☐ (D) No additional prosecution: the State will not seek additional charging instruments for these identified known past transactions: [________________________________].

The Court does not participate in plea discussions. The agreement must be disclosed on the record when the plea is offered, in open court or, for good cause, in camera.

3. Sentencing and Restitution Terms

Section 61-11A-4 generally requires restitution for a felony or misdemeanor causing physical, psychological, or economic injury or loss. Any partial or no-restitution disposition must be supported by reasons stated on the record, and the order must account for the statutory scope and Defendant's financial circumstances.

4. Court Acceptance, Rejection, or Deferral

For an (A), (C), or (D) agreement, the Court may accept, reject, or defer decision until it reviews the presentence report. If accepted, the Court will embody the agreed disposition in the judgment and sentence.

If the Court rejects the agreement, it must inform the parties on the record, advise Defendant personally that the Court is not bound, afford an opportunity to withdraw the plea, and warn that persisting may result in a less favorable disposition.

For a (B) recommendation, the Court must advise Defendant that declining to follow the recommendation or request does not create a right to withdraw the plea.

Court's action:

• ☐ (A), (C), or (D) agreement accepted;
• ☐ (A), (C), or (D) agreement rejected and withdrawal opportunity given;
• ☐ decision deferred pending presentence report; or
• ☐ (B) recommendation acknowledged as nonbinding.

5. Advisements, Voluntariness, and Factual Basis

Before accepting a guilty or nolo plea, the Court will address Defendant personally in open court concerning the charge, minimum and maximum penalties, counsel, the rights to plead not guilty and to trial, confrontation, compulsory process, and protection against self-incrimination, and the effect of the plea.

The Court must determine that the plea is voluntary and not the result of force, threats, or promises apart from the disclosed agreement.

Before entering judgment on a guilty plea, the Court must make an inquiry satisfying it that a factual basis exists.

Proposed factual basis:

[____________________________________________________________]

[____________________________________________________________]

6. Additional Terms and Alleged Breach

• ☐ 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 or unilateral cure procedure. Any withdrawal, reinstatement of charges, change in recommendation, specific performance, or use of statements must be determined by the Court under the agreement and current law.

Rule 11(e)(6) governs the admissibility of withdrawn guilty pleas, nolo pleas, and statements made in specified plea proceedings or discussions. This agreement does not expand the permitted uses.

7. Review and Complete Agreement

This template does not impose a blanket waiver of appeal, habeas corpus, ineffective-assistance claims, or other remedies. Any separately negotiated waiver must be precise and reviewed for current enforceability.

This writing, incorporated attachments, and terms disclosed on the record constitute the complete agreement. Amendments must be documented and disclosed to the Court.

8. Signatures

Defendant

I have reviewed this agreement with counsel, understand it, and enter my plea voluntarily.

________________________________________
[DEFENDANT NAME]
Date: ______________________

Defense Counsel

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

Prosecuting Attorney

________________________________________
[PROSECUTOR NAME]
Date: ______________________

Court

Plea: ☐ accepted ☐ rejected
Agreement type: ☐ (A) ☐ (B) ☐ (C) ☐ (D) ☐ combination
Agreement action and Rule 11 advisements stated on the record: ☐ Yes

________________________________________
Judge [NAME]
Date: ______________________

Sources and References

• West Virginia Judiciary, Rules of Criminal Procedure, Rule 11 — https://www.courtswv.gov/legal-community/court-rules/rules-criminal-procedure-contents
• West Virginia Legislature, W. Va. Code § 61-11A-4 — https://code.wvlegislature.gov/61-11A-4/
• West Virginia Judiciary, Rules of Criminal Procedure for Magistrate Courts — https://www.courtswv.gov/legal-community/court-rules/rules-criminal-procedure-magistrate-courts