STATE OF WYOMING

___ JUDICIAL DISTRICT COURT

County of [COUNTY]

Criminal Action No.: [DOCKET NO.]

PLEA AGREEMENT

(This Plea Agreement (“Agreement”) is made and entered into as of the ___ day of ____, 20__, by and among the State of Wyoming, acting through the Office of the [COUNTY] County and Prosecuting Attorney (the “State”), and [DEFENDANT LEGAL NAME] (the “Defendant”), in the presence and with the approval of defense counsel [DEFENSE COUNSEL NAME] (collectively, the “Parties”).)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Charges and Maximum Penalties
   3.2 Defendant’s Plea
   3.3 Factual Basis
   3.4 Rights Waived by Defendant
   3.5 Sentencing Framework and Recommendations
   3.6 Restitution, Fees, and Assessments
   3.7 Cooperation Obligations (If Any)
   3.8 Appeal Waiver
   3.9 Immigration, Firearms, and Other Collateral Consequences
   3.10 Breach, Remedies, and Specific Performance
4. Representations & Warranties
5. General Provisions
6. Execution Block

1. DOCUMENT HEADER

1.1 Effective Date. This Agreement becomes effective upon signature by all Parties (“Effective Date”) and is conditioned upon the Court’s acceptance under Wyoming Rule of Criminal Procedure 11.

1.2 Jurisdiction & Venue. Proceedings arising under this Agreement shall be heard exclusively in the ___ Judicial District Court, State of Wyoming (“Court”), which retains continuing jurisdiction for enforcement and sentence modification as permitted by law.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Agreement” means this Plea Agreement, including all attachments and exhibits.
“Charges” means the counts set forth in Section 3.1 below.
“Court” means the ___ Judicial District Court, State of Wyoming.
“Defendant” means [DEFENDANT LEGAL NAME], including all aliases identified in the caption.
“Effective Date” has the meaning given in Section 1.1.
“Guideline Sentence” means the range of incarceration calculated under the Wyoming Criminal Pattern Jury Instructions and applicable statutory sentencing provisions.
“Parties” means collectively the State, the Defendant, and defense counsel.
“Sentencing Hearing” means the hearing scheduled pursuant to Section 3.5(d).

[// GUIDANCE: Add or delete definitions to match the facts of the specific case. Cross-check each capitalized term for consistency.]

3. OPERATIVE PROVISIONS

3.1 Charges and Maximum Penalties

(a) The Defendant acknowledges that an Information/Indictment was filed charging:

• Count [ ]: [STATUTE & OFFENSE TITLE] (Class ___ Felony/Misdemeanor), punishable by up to ___ years’ imprisonment, a fine of up to $___, or both.
• [ADDITIONAL COUNTS AS APPLICABLE]

(b) The Parties stipulate that the Court has subject-matter jurisdiction and that venue is proper in [COUNTY] County.

3.2 Defendant’s Plea

Subject to acceptance by the Court, the Defendant agrees to enter a plea of [“Guilty” / “No Contest”] to Count [ ] of the Information/Indictment on the terms set forth herein.

[// GUIDANCE: Insert any counts to be dismissed at sentencing in exchange for the plea.]

3.3 Factual Basis

The Defendant agrees that the following facts are true and correct and constitute a sufficient factual basis for the plea under Wyo. R. Crim. P. 11:

1. [ELEMENT 1 FACTS]
2. [ELEMENT 2 FACTS]
3. [ELEMENT 3 FACTS]

The Defendant stipulates that these facts are admissible in any proceeding to enforce or interpret this Agreement.

3.4 Rights Waived by Defendant

Upon the Court’s acceptance of the plea, the Defendant knowingly, voluntarily, and intelligently waives:

1. The right to plead not guilty and persist in that plea;
2. The right to a speedy and public trial by jury;
3. The right to confront and cross-examine adverse witnesses;
4. The right to compel the attendance of witnesses;
5. The privilege against self-incrimination;
6. The right to file post-trial motions challenging the evidence or verdict; and
7. Except as reserved in Section 3.8, the right to direct appeal.

3.5 Sentencing Framework and Recommendations

(a) Sentencing Guidelines. The Parties understand that Wyoming employs an indeterminate sentencing scheme within statutory maxima. The Court is not bound by any recommendation herein but must consider: (i) the nature and circumstances of the offense; (ii) the Defendant’s criminal history; and (iii) public safety.

(b) Agreed Sentence. Subject to Court approval, the Parties recommend:

• Term of incarceration: ___ months/years in the Wyoming Department of Corrections;
• Probation: ___ months/years, with conditions set forth at Exhibit A;
• Credit for time served: ___ days;
• Deferred sentence/suspended sentence: [YES/NO – specify terms];
• Community service: ___ hours to be completed within ___ months.

(c) Departures. The State reserves the right to seek an upward/departure if the Defendant violates any term of this Agreement prior to sentencing.

(d) Sentencing Hearing. The Parties request a Sentencing Hearing on or after ___, 20, or at the Court’s discretion.

3.6 Restitution, Fees, and Assessments

(a) Restitution. The Defendant agrees to pay restitution in an amount to be determined at or before sentencing, jointly and severally with any co-defendants, pursuant to Wyo. Stat. § 1-40-204.

(b) Court Costs and Surcharges. The Defendant shall pay:

• Crime Victim Compensation Fee: $;
• Court Technology Fee: $;
• Law Enforcement Surcharge: $___; and
• Any other mandatory assessments imposed by statute.

(c) Payment Schedule. All monetary obligations shall be paid in full by _____, 20__, or pursuant to a payment plan approved by the Clerk of Court.

3.7 Cooperation Obligations (If Any)

[OPTIONAL CLAUSE] The Defendant agrees to cooperate fully with ongoing investigations, including truthful debriefings and testimony. Failure to perform constitutes a material breach under Section 3.10.

3.8 Appeal Waiver

Except for (i) claims of ineffective assistance of counsel, (ii) prosecutorial misconduct, or (iii) a sentence that exceeds the statutory maximum, the Defendant waives the right to appeal or collaterally attack the conviction, sentence, or any aspect of this Agreement. This waiver is made knowingly and voluntarily after consultation with counsel.

3.9 Immigration, Firearms, and Other Collateral Consequences

The Defendant understands that a conviction may result in deportation, exclusion from admission, or denial of naturalization under federal immigration laws; loss of federal and state benefits; and loss of firearm rights. The State makes no affirmative representations regarding such collateral consequences.

3.10 Breach, Remedies, and Specific Performance

(a) Material Breach Defined. Any false statement, failure to appear, or violation of law between the Effective Date and sentencing constitutes a material breach.

(b) State Remedies. Upon breach, the State may:

1. Withdraw from this Agreement;
2. Reinstate dismissed or uncharged counts;
3. Use all statements made by the Defendant for any lawful purpose.

(c) Defendant Remedies. If the State materially breaches, the Defendant may elect specific performance or withdrawal of the plea.

(d) No Waiver. A Party’s failure to enforce any provision shall not operate as a waiver of future enforcement.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant’s Representations. The Defendant affirms that:

(a) The Defendant is a U.S. citizen / lawfully present alien [SELECT], at least 18 years of age, and competent.
(b) The Defendant has had adequate time to consult with counsel and is satisfied with counsel’s representation.
(c) No promises, agreements, or threats not contained herein have been made to induce the plea.
(d) The Defendant is entering this plea freely and voluntarily.

4.2 State’s Representations. The State represents that it:

(a) Has provided all exculpatory evidence known to exist; and
(b) Has authority to enter into this Agreement and to recommend the sentence described.

4.3 Surviving Provisions. Sections 3.8, 3.9, 3.10, and 5 survive acceptance of the plea and entry of judgment.

5. GENERAL PROVISIONS

5.1 Entire Agreement. This writing constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous oral or written agreements.

5.2 Amendments. No amendment is valid unless in writing and signed by all Parties and approved by the Court.

5.3 Severability. If any provision is held invalid, the remaining provisions remain enforceable to the fullest extent permitted by law.

5.4 Successors and Assigns. This Agreement binds the Parties and their respective successors, legal representatives, and assigns.

5.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted by facsimile or secure electronic means (e.g., PDF, DocuSign) are binding.

6. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

STATE OF WYOMING

By: _____
[PROSECUTOR NAME]
[Title], Office of the [COUNTY] County and Prosecuting Attorney
Date: _________

DEFENDANT

[DEFENDANT LEGAL NAME]
Date: _________

DEFENSE COUNSEL

I certify that I have explained the foregoing Agreement to my client, who understands and accepts its terms.

[DEFENSE COUNSEL NAME], Esq.
Date: _________

JUDICIAL ACCEPTANCE

The foregoing Plea Agreement is accepted and approved pursuant to Wyo. R. Crim. P. 11.

HON. [JUDGE NAME]
District Court Judge, ___ Judicial District
Date: _________

(Notary acknowledgment is not required for criminal plea agreements in Wyoming but may be attached at counsel’s discretion.)

EXHIBIT A – STANDARD CONDITIONS OF PROBATION

1. The Defendant shall obey all federal, state, and local laws and ordinances.
2. The Defendant shall report to the assigned probation officer as directed.
3. [ADDITIONAL CONDITIONS AS ORDERED BY THE COURT]

[// GUIDANCE: Tailor Exhibit A to local probation office requirements; include any special conditions (e.g., substance abuse treatment, no-contact orders, GPS).]