| name | plea-agreement |
| title | Plea Agreement |
| description | Drafts criminal defense plea agreements formalizing negotiated resolutions between defendant and prosecution. Covers charge specifications, factual basis, sentencing recommendations, rights waivers, cooperation terms, and breach provisions. Use when drafting plea deals, guilty plea agreements, no contest pleas, or cooperation agreements in criminal matters. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/plea-agreement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | criminal |
| language | en |
| tags | ["agreement","drafting","litigation"] |
Plea Agreement
Drafts an enforceable plea agreement formalizing the negotiated resolution of criminal charges between defendant and prosecution, compliant with Fed. R. Crim. P. 11 or state equivalents.
Prerequisites
Gather before drafting:
- Case info — case number, court, presiding judge, full caption
- Charge sheet — all original charges with statute citations and max penalties
- Negotiated terms — plea charges, dismissed charges, sentencing concessions
- Factual basis — agreed facts establishing each element of plea offense(s)
- Defendant info — full legal name, aliases, DOB
- Cooperation terms (if any) — debriefing, testimony, ongoing obligations
Quick Start
- Collect all prerequisites above
- Identify agreement type (Rule 11(c)(1)(A), (B), or (C); or state equivalent)
- Draft sections in order below
- Run through the pitfalls checklist before finalizing
Document Sections
Draft these sections in order:
1. Parties & Jurisdiction
| Field | Content |
|---|
| Defendant | Full name, aliases/AKAs, DOB, case number |
| Prosecution | Office (USAO / DA), assigned prosecutor |
| Court | Name, district/division, presiding judge |
| Jurisdictional basis | Statutory authority |
2. Charges & Plea Specification
- Table all original charges: count number, statute, offense, max penalty
- Table plea charges: counts defendant pleads to (guilty or nolo contendere)
- List dismissed/not-pursued charges
- If charge reduction: state both original and reduced charge explicitly
- Include voluntariness statement
3. Factual Basis
Stipulated facts establishing every element of each plea offense. Must cover:
- Date, time, location of offense
- Defendant's conduct constituting the crime
- Victims, co-conspirators, relevant parties
- Mental state / intent as required by statute
- Aggravating or mitigating circumstances relevant to sentencing
Write so defendant can acknowledge as true. This stipulation binds defendant and may be used in subsequent proceedings.
