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A plea agreement may be entered into anytime prior to verdict or finding of guilt by judge or jury.

(1) The prosecutor and counsel for the defendant, or a self-represented defendant, may engage in discussions toward reaching an agreement that, upon entering a plea of guilty or no contest to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:

(A) Move for dismissal of other charges;

(B) 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 on the judge; or

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

(2) The judge presiding over the pending cause of action shall not participate in any such discussions.

(3) If a plea agreement has been reached by the prosecutor and the defendant, the Court shall require on the record disclosure of the agreement in open Court or, on a showing of good cause, in chambers at the time the plea is offered.

(4) If the judge accepts the plea agreement, the entire agreement must be accepted. The judge shall inform the defendant that it will be embodied in the judgment and sentence the disposition provided for in the plea agreement.

(5) If the judge rejects the sentencing stipulations of the plea agreement, the Court shall, on the record, inform the defendant and the prosecutor of this fact, advise the defendant personally in open Court or, on showing of good cause, in chambers, that the Court is not bound by the plea agreement and that the Court will afford the defendant an opportunity to withdraw their plea and advise the defendant that if they persist in entering a plea of guilty or a plea of no contest the disposition of the case may be less favorable to the defendant than contemplated by the plea agreement’s sentencing stipulations.

(6) Except for good cause shown, the judge must be notified of the plea agreement at the time of pretrial hearing or as soon thereafter as possible, but in all cases prior to trial.

(7) Any evidence of a plea of guilty, later withdrawn, or a plea of no contest to the offense charged or any other offense, or of statements made in connection with the plea, is not admissible in any other criminal proceeding or in any civil cases against the defendant who made the plea or offer. However, evidence of a statement made in connection with or relevant to a plea of guilty, later withdrawn, or a plea of no contest to the offense charged or any other offense is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath and on record.

(8) The judge shall not enter a judgment on a tendered plea of guilty or no contest without first making an inquiry to satisfy themselves that there is a factual basis for the plea. The Court should satisfy itself, by inquiry of the parties or by examining the presentence report, or otherwise, that the defendant’s admitted conduct constitutes the offense charged.

(9) A verbatim record of the proceedings at which the defendant enters a plea of guilty or no contest must include the Court’s advice to the defendant, the inquiry into the voluntariness of the plea, including any plea agreement, and inquiry into the accuracy of the plea.

(10) When a guilty plea rests in any significant degree on a promise or agreement reached between the prosecution and the defendant the agreement must be fulfilled once the guilty plea is entered. If the bargain is not fulfilled, the guilty plea may be rendered involuntary.