Office of the Revisor of Statutes

CRIMINAL PROCEDURE

Forms provided here are for reference purposes. To download forms to fill out please visit the Minnesota Courts website.

PLEA AGREEMENT

1. Negotiation Status

_	The terms and conditions outlined in this agreement are a joint recommendation to the Court, but the Court is not bound to those terms and may impose different terms than those outlined in this agreement.
_	The terms and conditions outlined in this negotiation are required by the agreement. If the Court will not sentence the defendant to the terms outlined in this agreement, either party may withdraw from the agreement.

2. Charges/Dismissals/Deferrals

_	The defendant will enter a plea of guilty to the following counts from the following files: _
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_	This case will be deferred pursuant to a pretrial diversion program. If the defendant successfully completes this program, the case will be dismissed.
_	This case will be deferred pursuant to Minn. Stat. section 152.18 with conditions outlined in Section 4. If the defendant successfully completes those conditions, the case will be dismissed.
_	This matter will be continued for dismissal for a period of __________ on condition that the defendant abide by the following conditions: _
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_	Successful completion of probation will result in vacation of plea and dismissal of charge.
_	The following counts in this case or other criminal complaints will be dismissed:
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_	This complaint will be amended to the lesser included offense(s) (or amended to the separate offense) of: _
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_	The State will not seek criminal charges arising out of the following conduct:
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3. Level of Conviction

_	The parties agree to a misdemeanor or gross misdemeanor sentence of _
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_	The parties agree to a stay of imposition of sentence for ___ years.
_	The parties agree to a stay of execution of sentence with a stayed sentence of ___ months and a stay for ___ years.
_	The parties agree to an executed sentence of ___ months.
_	The parties agree to a waiver of the mandatory minimums found in Minn. Stat. section 609.11.
_	(If sentenced on multiple counts/files) The prison term in this case is arrived at by the following sentences from the following counts/files to be served consecutively/concurrently (circle one): _
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_	The parties agree to whatever sentence is presumed by the Minnesota Sentencing Guidelines.
_	The parties agree this is a departure from the Minnesota Sentencing Guidelines (or other sentencing enhancement) based on the following factors:
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_	The parties agree to a sentencing range of ___ months to ___ months.
_	(DWI and Criminal Sexual Conduct cases) If this is an executed sentence or if this sentence is ever executed, the parties understand that the defendant is subject to an extended term of conditional release for five or ten years after any term of imprisonment.
_	The parties also understand the defendant will be required to provide a biological sample for the state DNA database.

4. If this is a probationary sentence the parties agree to the following terms and conditions:

_	All terms of probation left to discretion of the Court.
_	A probationary term of _
_	A workhouse or jail term of _
_	A workhouse or jail term not to exceed ("a cap" of) _
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_	This term may be served intermittently on the following dates: _
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_	The defendant will be eligible for Huber release for the following purposes:
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_	Community service for ___ hours.
_	Sentence to Serve for ___ days.
_	Electronic home monitoring for ___ days.
_	Undergo any treatment-related evaluation recommended by Probation or the Department of Court Services.
_	Enter and successfully complete the following programs: _
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_	Enter and successfully complete any program recommended by Probation or the Department of Court Services.
_	No contact in person, by mail, by phone, by third party, or electronically with:
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_	A fine of __________ and applicable surcharges.
_	Other: _
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5. Restitution

_	Defendant agrees to make restitution in the amount of __________.
_	Restitution to be determined by the Court.

6. Miscellaneous Provisions

(Added effective November 5, 2003; amended effective for criminal actions commenced or arrests made after 12 o'clock midnight March 1, 2006.)