1.11.040 Plea Agreement Procedure

(a) In general.

The prosecutor and the defense attorney, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty to a charged offense, or to a lesser or related offense, the prosecutor will do any of the following:

(1) Move for dismissal of other charges; or

(2) Make a recommendation or agree not to oppose the defendant's request for a particular sentence, with the understanding that such recommendation or request shall not be binding upon the court; or

(3) Agree that a specific sentence is the appropriate disposition of the case.

The court shall not participate in any plea agreement discussions.

(b) Notice of such agreement.

If a plea agreement has been reached by the parties, the court shall, on the record, require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered. If the Court rejects the plea agreement as presented, the defendant may withdraw his guilty plea and proceed to trial.

If the court accepts the plea agreement, the court shall inform the defendant that it will include in the judgment and sentence the disposition provided for in the plea agreement.

(d) Rejection of a plea agreement.

If the court rejects the plea agreement, the court shall, on the record, inform the parties of this fact, advise the defendant personally in open court or, on a showing of good cause, in camera, that the court is not bound by the plea agreement, afford the defendant the opportunity to then withdraw his plea, and advise the defendant that if he persists in his guilty plea the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.

(e) Time of plea agreement procedure.

Notification to the court of the existence of a plea agreement shall be given at the arraignment or at such other time as may be fixed by the court.

(f) Inadmissibility of pleas, plea discussions, and related statements.

Except as otherwise provided in this paragraph, any statement made in the course of plea discussions with the prosecutor which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, is not, in any civil or criminal proceeding, admissible against the defendant who made the plea or was a participant in the plea discussions. However, such a statement is admissible:

(1) In any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it; or

(2) In a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.