COMMONWEALTH OF KENTUCKY

[COUNTY] CIRCUIT COURT

CRIMINAL ACTION NO. [CASE NUMBER]

STATE PLEA AGREEMENT

(Commonwealth of Kentucky v. [DEFENDANT NAME])

[// GUIDANCE: This template is drafted for use in Kentucky felony or misdemeanor prosecutions in Circuit or District Court. Customize bracketed items, add or delete provisions as case-specific facts require, and confirm compliance with local rules and judge-specific practices.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties.
   1.1 Commonwealth of Kentucky, by and through the Office of the Commonwealth’s Attorney for the [ Judicial Circuit], (“Commonwealth”).
   1.2 [DEFENDANT LEGAL NAME]__, an individual (“Defendant”).

2. Recitals.
   A. The Commonwealth has filed an indictment, information, or complaint charging Defendant with the offenses more fully described herein (the “Charges”).
   B. The parties desire to resolve the Charges without trial through this Plea Agreement (“Agreement”) under Ky. R. Crim. P. 8.08, subject to Court approval.
   C. In consideration of the mutual promises herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

3. Effective Date.
   This Agreement becomes effective on the date it is accepted and entered by the Court (the “Effective Date”).

4. Jurisdiction & Venue.
   Proceedings shall be conducted in the [COUNTY] Circuit/District Court (“Court”), which has subject-matter jurisdiction under Kentucky law and venue over the Charges.

II. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Words not defined herein have their ordinary legal meaning.

“Agreed Sentence” means the total term of imprisonment, probation, conditional discharge, fines, restitution, fees, costs, and any other sanctions the parties jointly recommend pursuant to Section III.2.

“Charges” has the meaning assigned in Recital B.

“Court” has the meaning assigned in Section I.4.

“Defendant” has the meaning assigned in Section I.1.2.

“Effective Date” has the meaning assigned in Section I.3.

“Plea” means Defendant’s plea of [GUILTY / ALFORD / NO CONTEST] to the Charges or amended charges as specified in Section III.1.

III. OPERATIVE PROVISIONS

1. Plea to Offense(s).
   1.1 Defendant agrees to enter a Plea to the following:
   • Count __ [ ]: [STATUTE & OFFENSE].
   • Count __ [ ]: [STATUTE & OFFENSE].
   1.2 All remaining counts, if any, shall be dismissed with prejudice upon Defendant’s full performance of this Agreement, unless otherwise specified.

2. Sentencing Recommendation & Agreed Sentence.
   2.1 Subject to Court approval, the parties will jointly recommend the following Agreed Sentence:
   a. Incarceration: [NUMBER] years/months of imprisonment in the custody of the Department of Corrections;
   b. Probation/Conditional Discharge: [DETAILS, IF ANY];
   c. Restitution: $[AMOUNT OR “TBD BY COURT”] payable per the schedule ordered by the Court;
   d. Fines/Fees/Costs: $[AMOUNT];
   e. Other Conditions: [E.G., TREATMENT, NO-CONTACT ORDER, LICENSE SUSPENSION].
   2.2 Unless explicitly stated, no promises regarding parole eligibility, institutional placement, or good-time credit are made.

3. Waiver of Constitutional and Statutory Rights.
   By entering this Agreement, Defendant knowingly, voluntarily, and intelligently waives:
   a. The right to a jury trial;
   b. The rights of confrontation and compulsory process;
   c. The privilege against self-incrimination as to the Charges;
   d. The right to require the Commonwealth to prove guilt beyond a reasonable doubt at trial.

4. Appeal Waiver.
   Except as to claims of ineffective assistance of counsel, prosecutorial misconduct, or judicial error at sentencing exceeding the Agreed Sentence, Defendant waives the right to appeal or collaterally attack the conviction or sentence, including any right under Ky. R. Crim. P. 12.04.

5. Conditions Precedent.
   The following are conditions precedent to the enforceability of this Agreement:
   a. Court determination that Defendant’s Plea is made voluntarily, knowingly, and intelligently;
   b. Court acceptance of the Plea and Agreed Sentence;
   c. Defendant’s truthful testimony and full cooperation in any related proceedings if required.

6. Restitution, Fees, and Costs.
   Defendant agrees to pay all restitution, fees, and court costs as ordered, which obligations survive any sentence of imprisonment and shall be a condition of probation or conditional discharge if imposed.

7. Default on Payment Obligations.
   Failure to comply with payment terms constitutes a material breach subject to Section VI.

IV. REPRESENTATIONS & WARRANTIES

1. Defendant’s Representations.
   a. Competency. Defendant is mentally competent and understands the nature and consequences of the Plea.
   b. Voluntariness. No threats, promises, or inducements outside this Agreement have been made.
   c. Truthfulness. Defendant affirms that the factual basis to be provided in open court will be true and complete.
   d. Counsel. Defendant has consulted with competent counsel and is satisfied with counsel’s representation.

2. Commonwealth’s Representations.
   a. Authority. The undersigned prosecutor is authorized to bind the Commonwealth to this Agreement.
   b. Disclosure. The Commonwealth has provided all constitutionally required discovery and exculpatory material known as of the Effective Date.

3. Survival.
   The representations and warranties in this Section IV survive the entry of judgment.

V. COVENANTS & RESTRICTIONS

1. Defendant’s Covenants.
   a. Court Appearance. Defendant shall appear at all scheduled hearings and comply with bond or release conditions.
   b. Law-Abiding Conduct. Defendant shall commit no new criminal offenses before sentencing.
   c. Cooperation. If required, Defendant shall cooperate with law-enforcement authorities, including truthful testimony.

2. Commonwealth’s Covenants.
   a. Charge Dismissal. The Commonwealth shall move to dismiss any counts designated in Section III.1.2 at sentencing.
   b. Sentencing Recommendation. The Commonwealth shall recommend the Agreed Sentence and oppose any greater sentence.

VI. DEFAULT & REMEDIES

1. Defendant Breach.
   1.1 Events of Default:
   a. Failure to appear;
   b. Commission of new offense;
   c. Material false statement to the Court;
   d. Violation of payment or cooperation obligations.
   1.2 Remedies:
   a. Commonwealth may withdraw from this Agreement and reinstate all original charges;
   b. Statements made pursuant to this Agreement may be used against Defendant to the extent permitted by law;
   c. Any bail may be forfeited;
   d. Attorneys’ fees and costs incurred by the Commonwealth in enforcing this Agreement shall be assessed to Defendant.

2. Commonwealth Breach.
   2.1 If the Commonwealth materially breaches, Defendant may:
   a. Seek specific performance of the Agreement; or
   b. Move to withdraw the Plea and reinstate the presumption of innocence.

3. Notice & Cure.
   The non-breaching party shall provide written notice of breach. The breaching party shall have [NUMBER] days to cure, if curable, before remedies may be exercised.

VII. RISK ALLOCATION

1. Indemnification.
   Not applicable. No party shall indemnify the other.

2. Limitation of Liability.
   The maximum criminal liability of Defendant arising from the conduct encompassed by the Charges is the Agreed Sentence. No additional punitive exposure shall attach absent Defendant’s breach.

3. Force Majeure.
   Sentencing deadlines may be extended for events outside the parties’ control, including Court scheduling conflicts, natural disasters, or public health emergencies.

VIII. DISPUTE RESOLUTION

1. Governing Law.
   This Agreement is governed by the laws of the Commonwealth of Kentucky.

2. Forum Selection.
   Any dispute concerning this Agreement shall be resolved exclusively by the Court identified in Section I.4.

3. Arbitration.
   Not available; all disputes shall be adjudicated by the Court.

4. Jury Waiver.
   Defendant’s Plea constitutes a waiver of the right to trial by jury on the Charges.

5. Injunctive Relief.
   Not applicable.

IX. GENERAL PROVISIONS

1. Entire Agreement; Integration.
   This document contains the entire agreement between the parties regarding the subject matter and supersedes all prior negotiations.

2. Amendments.
   No amendment is effective unless in writing, signed by all parties, and approved by the Court.

3. Severability.
   If any provision is held unlawful or unenforceable, the remaining provisions shall remain in full force, provided the essential terms can still be given effect.

4. Assignment.
   Neither party may assign rights or delegate duties under this Agreement.

5. Successors & Assigns.
   This Agreement binds and benefits the parties and their respective successors and permitted assigns.

6. Counterparts; Electronic Signatures.
   This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

7. Headings.
   Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties execute this Agreement as of the dates set forth below, subject to Court approval.

DEFENDANT

[DEFENDANT NAME]
Date: _______

Counsel Certification:
I, the undersigned counsel, certify that I have explained the terms, consequences, and alternatives to Defendant, who appears to understand and voluntarily accept this Agreement.

[DEFENSE COUNSEL NAME]
Attorney for Defendant
Kentucky Bar No. _
Date: ____

COMMONWEALTH

[PROSECUTOR NAME]
Commonwealth’s Attorney
[CIRCUIT & COUNTY]
Kentucky Bar No. _
Date: ____

COURT APPROVAL

The Court, having reviewed the foregoing Agreement and having conducted the plea colloquy required by Ky. R. Crim. P. 8.08, finds that the Plea is knowing, voluntary, and intelligent and that a factual basis exists. IT IS THEREFORE ORDERED that the Plea is ACCEPTED and the Agreed Sentence is IMPOSED as set forth herein.

Judge, [COUNTY] Circuit/District Court
Date: _______

[Seal, if applicable]

[// GUIDANCE: Attach any restitution schedules, victim-impact statements, or additional conditions as exhibits. For felony pleas subject to violent-offender or sex-offender statutes, ensure statutory advisements are provided on the record. Always verify local rule supplements and consult with the presiding judge to address any preferred language or additional court forms.]