Plea negotiations and agreements

(a) ENTERING INTO PLEA AGREEMENTS. The prosecutor and the defendant or defendant’s attorney 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 either will move for dismissal of other charges or will recommend (or will not oppose) the imposition or suspension of a particular sentence, or will do both. (b) DISCLOSURE OF PLEA AGREEMENT. If a plea agreement has been reached by the parties, the court shall require the disclosure of the agreement in open court prior to the time a plea is offered. Thereupon, the court may accept or reject the agreement or may defer its decision as to acceptance or rejection until receipt of a presentence report. (c) ACCEPTANCE OR REJECTION OF PLEA AGREEMENTS. (1) If the court accepts the plea agreement, the court, after compliance with Rule 14.4, shall inform the parties that it will embody in the judgment and sentence the disposition provided for in the plea agreement. (2) If the court rejects the plea agreement, the court shall: (i) So inform the parties; (ii) Advise the defendant and the prosecutor personally in open court that the court is not bound by the plea agreement; (iii) Advise the defendant that if the defendant pleads guilty, the disposition of the case may be either more or less favorable to the defendant than that contemplated by the plea agreement; (iv) Afford the defendant the opportunity to withdraw the defendant’s offer to plead guilty; (v) Afford the prosecutor the opportunity to change his recommendations; and (vi) Afford the parties the opportunity to submit further plea agreements. (d) INADMISSIBILITY OF PLEA DISCUSSIONS. If a plea discussion does not result in a plea of guilty, or if a plea of guilty is not accepted or is withdrawn, or if judgment on a plea of guilty is reversed on direct or collateral review, neither the plea discussion nor any resulting agreement, plea, or judgment shall be admissible against the defendant in any criminal or civil action or administrative proceeding. [Amended eff. 8-1-2002.] Committee Comments