Arizona

Criminal Procedure

Criminal Procedure

Form 18(b) – Misdemeanor Plea Agreement

____________________ COURT ____________________ County, Arizona

STATE OF ARIZONA Plaintiff

[CASE/COMPLAINT NO.]

-vs-

MISDEMEANOR

PLEA

Defendant (FIRST, MI, LAST)

AGREEMENT

The defendant agrees to plead guilty / no contest to the following offense(s):

____________________ [ ] class misdemeanor [ ] petty/civil traffic offense

____________________ [ ] class misdemeanor [ ] petty/civil traffic offense

____________________ [ ] class misdemeanor [ ] petty/civil traffic offense

____________________ [ ] class misdemeanor [ ] petty/civil traffic offense on the following understandings, terms and conditions:
1. The Defendant agrees to a sentence of: _______________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

2. The following charges are dismissed, or if not yet filed, shall not be brought against the defendant. ______________________________________

______________________________________________________________________________

3. This agreement, serves to amend the complaint, indictment, or information to charge the offense to which the defendant pleads, without the filing of any additional pleading. However, if the plea is rejected by the court or withdrawn by either party, or if the conviction is subsequently reversed, the original charges and any charges that are dismissed by reason of this plea agreement are automatically reinstated.
4. Unless this plea is rejected by the court or withdrawn by either party, the defendant hereby waives and gives up any and all motions, defenses, objections or requests which he or she has made or raised, or could assert hereafter, to the court’s entry of judgment against him or her and imposition of a sentence upon him or her consistent with this agreement. The defendant acknowledges by entering this agreement he or she will have no right to direct appeal (ARS 13-4033 ) and the only available review is pursuant to Rule 32, Rules of Criminal Procedure.
5. If the court decides to reject the proposed sentencing in the plea agreement after accepting the defendant’s plea, it must give each party an opportunity to withdraw from the plea.
6. If the court decides to reject the plea agreement provisions regarding sentencing and neither the State nor the Defendant elects to withdraw the plea agreement, then any sentence either stipulated to or recommended herein is not binding upon the court, and the court is bound only by the sentencing limits set forth in the applicable statutes.
7. I understand that if I am not a citizen of the United States, my decision to go to trial or enter into a plea agreement may have immigration consequences. Specifically, I understand that pleading guilty or no contest to a crime may affect my immigration status. Admitting guilt may result in deportation even if the charge is later dismissed. My plea or admission of guilt could result in my deportation or removal, could prevent me from ever being able to get legal status in the United States, or could prevent me from becoming a United States citizen. I understand that I am not required to disclose my legal status in the United States to the court.
8. I have read and understand the provisions of all pages of this agreement. I have discussed the case and my constitutional rights with my attorney. I understand that by pleading (guilty) (no contest) I will be giving up my right to a determination of probable cause, to a trial [ ] by jury [ ] by a judge, to confront, cross-examine, and compel the attendance of witnesses, to present witnesses on my behalf; my right to remain silent, my privilege against self-incrimination, the presumption of innocence and right to direct appeal. I agree to enter my plea as indicated above on the terms and conditions set forth herein. I fully understand that, as part of this plea agreement, if I am granted probation by the court, the terms and conditions thereof are subject to modification at any time during the period of probation in the event that I violate any written condition of my probation. I understand that if I violate any of the written conditions of my probation, my probation may be terminated and I can be sentenced up to the maximum term.

I have personally signed the signature line below to indicate that I read, or had read to me, understood and approved all of the previous paragraphs in this agreement, both individually and as a total binding agreement. My plea is voluntary and not the result of force, or threat, or promises other than those contained in the plea agreement.

DO NOT SIGN THIS FORM UNLESS YOU HAVE READ IT COMPLETELY, OR HAD IT READ TO YOU AND UNDERSTAND IT FULLY.

_______________

______________________________________________________________________________

Date

Defendant

I have discussed this case with my client in detail and advised my client of his or her constitutional rights and all possible defenses. I believe that the defendant’s plea is knowing, intelligent, and voluntary and that the plea and disposition are consistent with law.

_______________

______________________________________________________________________________

Date

Defense Attorney

I have reviewed this matter and concur that the plea and disposition set forth herein are appropriate and are in the interests of justice.

_______________

______________________________________________________________________________

Date

Prosecutor
Added Sept. 5, 2007, effective January 1, 2008. Amended August 28, 2013, effective January 1, 2014.