STATE OF INDIANA
PLEA AGREEMENT
[COURT NAME], [COUNTY], CAUSE NO. [__]
Table of Contents
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Waiver of Rights & Appeal
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Parties.
This Plea Agreement (“Agreement”) is entered into on the day of _, 20__ (“Effective Date”) by and between:
a. State of Indiana (the “State”), by and through the elected Prosecuting Attorney of [COUNTY] County, Indiana (“Prosecutor”); and
b. [DEFENDANT FULL LEGAL NAME], DOB [__/_/], (“Defendant”), represented by counsel [DEFENSE COUNSEL NAME], Attorney No. [____].
1.2 Recitals.
a. Defendant stands charged by Information/Indictment in Cause No. [__] with [COUNT I — OFFENSE, CLASS/LEVEL & CITATION] and any additional counts as set forth in the charging instrument (collectively, the “Charges”).
b. The Parties desire to resolve the Charges without trial, pursuant to Ind. Code § 35-35-3-3 and the Indiana Rules of Criminal Procedure.
c. In consideration of the mutual promises herein and the waiver of constitutional trial rights by Defendant, the Parties agree as follows.
2. DEFINITIONS
For purposes of this Agreement the following terms have the meanings assigned below. Undefined capitalized terms shall have their plain and ordinary meaning in Indiana criminal practice.
“Agreed Sentence” means the specific disposition set forth in § 3.4, inclusive of executed time, suspended time, probation, community service, fines, fees, and restitution.
“Charge(s)” has the meaning given in Recital 1.2(a).
“Court” means the [COURT NAME] presiding over Cause No. [__].
“Effective Date” has the meaning given in § 1.1.
“Plea Hearing” means the hearing at which the Court receives Defendant’s guilty plea under Ind. Code § 35-35-1-2.
“Sentencing Hearing” means the hearing at which the Court enters judgment of conviction and imposes the Agreed Sentence.
[// GUIDANCE: Add additional defined terms (e.g., “Substance Abuse Treatment,” “Restitution Amount”) if needed for particular cases.]
3. OPERATIVE PROVISIONS
3.1 Plea of Guilty.
Defendant shall plead GUILTY to:
• Count : [OFFENSE], a Level [1–6] Felony / Class [AM] Misdemeanor, in violation of Ind. Code § [_____].
[// GUIDANCE: List each count included in the plea; identify dismissed counts in § 3.3.]
3.2 Factual Basis.
Defendant admits the following facts sufficient to establish each element of the offense(s):
[FACTUAL BASIS — Insert succinct statement of facts supporting each element.]
3.3 Dismissal of Remaining Counts.
Upon successful completion of all obligations through the Sentencing Hearing, the State shall move to dismiss the following counts with prejudice: Count(s) [___].
3.4 Agreed Sentence.
a. Term of Imprisonment: ___ years, with ___ years executed at the Indiana Department of Correction/local facility and ___ years suspended to probation.
b. Probation Conditions (if any): [standard + special conditions].
c. Restitution: $[______] payable as ordered.
d. Credit Time: Defendant shall receive credit for ___ actual days plus ___ good-time credit days.
e. Statutory Fines/Costs: As assessed by the Court.
f. Other Terms: [e.g., community service, substance-abuse evaluation, no-contact orders].
3.5 Conditions Precedent.
The effectiveness of this Agreement is conditioned upon:
a. Court acceptance under Ind. Code § 35-35-3-3(b); and
b. Defendant’s full, truthful, and complete testimony or cooperation, if required.
3.6 Conditions Subsequent.
This Agreement may be revoked if, between the Plea Hearing and Sentencing Hearing, Defendant:
a. Commits a new criminal offense;
b. Materially misrepresents or withholds information from the Court or Prosecutor;
c. Fails to appear as required.
4. REPRESENTATIONS & WARRANTIES
4.1 Defendant.
a. Competency. Defendant is competent, has reviewed this Agreement with counsel, and enters it knowingly, voluntarily, and intelligently.
b. No Other Promises. No promises, agreements, or inducements exist other than those expressly contained herein.
4.2 Prosecutor.
The Prosecutor is duly authorized under Ind. Code § 33-39-1-5 to enter into this Agreement and will recommend the Agreed Sentence at sentencing, contingent upon Defendant’s compliance.
4.3 Counsel.
Defense counsel certifies that counsel has explained Defendant’s constitutional rights, possible defenses, and the consequences of this Agreement, and believes Defendant’s plea is voluntary.
4.4 Survival.
The representations and warranties of the Parties shall survive entry of judgment and sentencing.
5. COVENANTS & RESTRICTIONS
5.1 Defendant Covenants.
a. Compliance. Defendant shall comply with all federal, state, and local laws until sentencing and, if applicable, throughout any probationary term.
b. Cooperation. Defendant shall appear at all required court proceedings and cooperate with any presentence investigation.
5.2 State Covenants.
a. Recommendation. At the Sentencing Hearing the State shall recommend the Agreed Sentence.
b. Dismissal. The State shall dismiss charges as provided in § 3.3 upon Defendant’s fulfillment of obligations.
6. DEFAULT & REMEDIES
6.1 Events of Default.
Any of the following constitutes a “Default”:
a. Defendant’s commission of a new offense;
b. Failure to appear for any scheduled hearing;
c. Violation of § 5.1 covenants;
d. Material false statement to the Court.
6.2 Notice & Opportunity to Cure.
Upon Default, the State shall notify Defendant and defense counsel orally on the record or in writing. No cure period is required for commission of a new offense.
6.3 Remedies.
a. Withdrawal. The State may unilaterally withdraw from this Agreement, rendering it null and void.
b. Open Sentencing. Upon withdrawal, the Court may impose any sentence permitted by law on all original charges.
c. Use of Statements. Statements made by Defendant in furtherance of the plea may be used against Defendant in any subsequent proceeding, subject to Ind. Evidence Rule 410.
6.4 Attorney Fees & Costs.
In any litigation regarding enforcement of this Agreement, the prevailing party may seek reasonable attorney fees and costs.
7. WAIVER OF RIGHTS & APPEAL
7.1 Trial Rights Waived.
By entering this Agreement, Defendant knowingly, voluntarily, and intelligently waives the constitutional rights to:
• A speedy and public trial by jury;
• Confront and cross-examine witnesses;
• Compulsory process;
• Proof of guilt beyond a reasonable doubt;
• Protection against self-incrimination at trial.
7.2 Appeal Waiver.
Except as to (i) the Court’s acceptance of this Agreement, (ii) a sentence that exceeds the Agreed Sentence, or (iii) claims of ineffective assistance of counsel or prosecutorial misconduct, Defendant waives the right to appeal the conviction and sentence. This waiver survives sentencing and is enforceable under Indiana law.
8. GENERAL PROVISIONS
8.1 Entire Agreement.
This Agreement constitutes the entire understanding between the Parties and supersedes all prior discussions. No amendment is effective unless in writing and signed by all Parties and approved by the Court.
8.2 Severability.
If any provision is held invalid, the remaining provisions shall remain in full force, provided the primary purpose of the Agreement is not frustrated.
8.3 Governing Law & Venue.
This Agreement is governed by the criminal laws of the State of Indiana. Exclusive venue lies in the [COURT NAME] for all proceedings arising hereunder.
8.4 No Arbitration.
The Parties acknowledge that arbitration is unavailable in criminal matters; all disputes shall be resolved by the Court.
8.5 Counterparts; Electronic Signatures.
This Agreement may be executed in multiple counterparts, each of which constitutes an original. Signatures transmitted electronically or by facsimile are binding as originals.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
9.1 Defendant
[DEFENDANT NAME], Defendant
Date: ____
9.2 Defense Counsel
I certify that I have advised Defendant of the rights waived and the consequences of this plea.
[DEFENSE COUNSEL NAME]
Attorney No. [__]
Date: ____
9.3 Prosecutor
[PROSECUTOR NAME]
Prosecuting Attorney, [COUNTY] County
Date: ____
9.4 Court Approval
The Court, having reviewed the foregoing Agreement, now finds that the plea is voluntary, that a factual basis exists, and that the Agreement complies with Ind. Code § 35-35-3-3. Consequently, the Court ACCEPTS the plea, ENTERS judgment of conviction, and IMPOSES the Agreed Sentence.
[JUDGE NAME]
Judge, [COURT NAME]
Date: ____
[Seal if required]
[// GUIDANCE:
1. Review Indiana sentencing statutes (Ind. Code §§ 35-50-1-1 et seq.) for minimum/maximum terms before inserting the Agreed Sentence.
2. Confirm credit-time calculations with jail records prior to finalizing § 3.4(d).
3. If the offense requires special statutory advisements (e.g., sex-offender registry, driver’s license suspension), add those in § 3.4(f).
4. File the executed Agreement with the Court at least one business day before the Plea Hearing, unless local rules require otherwise.
]