< > Attorney for Defendant File No. 1003912165/AC < > : SUPERIOR COURT OF NEW JERSEY : CRIMINAL DIVISION : ATLANTIC COUNTY : Plaintiff, : : Indictment Number: 04-06-1335B 04-08-1560B v. : < > : Criminal Action : : AFFIDAVIT : Defendant. : ______________________________: ____________ ________________________ Date < > Page 1 of 1 LGS2004 Criminal Law © 2007 South University PAGE 2 < > Attorney for Defendant __________________, : __________________ COURT : Plaintiffs, : __________________ : v. : ________No.: __________________ : __________________ _________________, : : : Defendants. : ORDER : ___________________________________ : THIS MATTER having been brought to the Court by __________________, attorney for the Defendant, and it appearing that no discovery has been supplied, and the Court having determined that based upon good cause shown; IT IS ORDERED AND ADJUDGED on this ______ day of ____________, 2005 as follows: 1. __________________________________________________________________________________________________________________________________________________________________. ___________________________________ Honorable < > Page 1 of 1 LGS2004 Criminal Law © 2007 South University IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF Georgia United States of America : : Plaintiff, : : vs. : Case No. : John Doe, : : Judge Defendant. : motion to enforce plea agreement The United States of America moves this Court to enforce the plea agreement offered by the United States of America through the U.S. Attorney’s office and accepted by the Defendant. The moving party should be granted relief because the defendant knowingly, voluntarily and intelligently waived his right to trial and entered into a plea agreement with the State. The Defendant engaged in a meaningful colloquy with the trial court based on Crim. R. 11 and stated on the record that he understood his rights and that he chose to waive those rights and enter into a plea. Merely now because he is dissatisfied with his plea and his sentence does not provide him with the right to withdraw his plea. The plea agreement clearly described the charge to which the defendant pled guilty, the factual basis underlying the charge, and the maximum penalty. Plea agreements should be construed as contractual in nature. Uni ...

1. <
>
Attorney for Defendant
File No. 1003912165/AC
<
>
:
SUPERIOR COURT OF NEW JERSEY
: CRIMINAL DIVISION
: ATLANTIC COUNTY
:

2. Plaintiff,
:
: Indictment Number: 04-06-1335B
04-08-1560B
v.
:
<
>
:
Criminal Action
:
:
AFFIDAVIT

3. :
Defendant. :
______________________________:
____________
________________________
Date
<
>
Page 1 of 1
LGS2004 Criminal Law
© 2007 South University
PAGE
2
<
>
Attorney for Defendant
__________________,

4. :
__________________ COURT
:
Plaintiffs,
:
__________________
:
v.
:
________No.: __________________

5. :
__________________
_________________,
:
:
:
Defendants.
:
ORDER

6. :
___________________________________
:
THIS MATTER having been brought to the Court by
__________________, attorney for the Defendant, and it
appearing that no discovery has been supplied, and the Court
having determined that based upon good cause shown;
IT IS ORDERED AND ADJUDGED on this ______ day of
____________, 2005 as follows:
1.
_____________________________________________________
_____________________________________________________
_____________________________________________________
___.
___________________________________
Honorable

7. < >
Page 1 of 1
LGS2004 Criminal Law
© 2007 South University
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF Georgia
United States of America
:
:
Plaintiff,
:
:
vs.
:
Case No.
:
John Doe,
:

8. :
Judge
Defendant.
:
motion to enforce plea agreement
The United States of America moves this Court to enforce the
plea agreement offered by the United States of America through
the U.S. Attorney’s office and accepted by the Defendant.
The moving party should be granted relief because the
defendant knowingly, voluntarily and intelligently waived his
right to trial and entered into a plea agreement with the State.
The Defendant engaged in a meaningful colloquy with the trial
court based on Crim. R. 11 and stated on the record that he
understood his rights and that he chose to waive those rights
and enter into a plea.
Merely now because he is dissatisfied with his plea and his
sentence does not provide him with the right to withdraw his
plea. The plea agreement clearly described the charge to which
the defendant pled guilty, the factual basis underlying the
charge, and the maximum penalty.
Plea agreements should be construed as contractual in nature.
United States v. Dewitt, 366 F.3d 667, 669 (8th Cir. 2004). The
parties knew the benefits they were securing and the rights they
were foregoing and the consequences of breaching the
agreement. In this case, the only reasonable remedy for the
parties is specific performance of the agreement.
Respectfully submitted,
______________________________
JANE DOE
Assistant U.S. Attorney

9. Page 1 of 2
LGS2004 Criminal Law
© 2007 South University
<
>
Attorneys for Plaintiff
_____________________________________________________
_______________
STATE OF NEW JERSEY,
:
SUPERIOR COURT OF NEW JERSEY
:
GLOUCESTER COUNTY
<Plaintiff>,
:
CRIMINAL PART

10. :
v.
:
Docket No:
:
:

11. :
CERTIFICATION OF
<Defendant>
:
______________________________:
Dated:
______________________________
<
>
Attorneys for Plaintiff
_____________________________________________________
_______________
STATE OF NEW JERSEY,
:
SUPERIOR COURT OF NEW JERSEY

12. :
ATLANTIC COUNTY
__________________
:
CRIMINAL PART
Plaintiff,
:
v.
:
Docket No:
:
__________________,

13. :
Defendant.
:
PROOF OF MAILING
:
______________________________:
The original of the within Certification has been filed with the
Clerk of the County of Atlantic
.
Dated:
____________________________________

14. Paralegal
PROOF OF MAILING:
On
, I, the undersigned, mailed the following: Certification of
l, by regular mail, to:
I certify that the foregoing statements made by me are true. I
am aware that if any of the foregoing statements made by me
are willfully false, I am subject to punishment.
Dated:
____________________________________
Paralegal

15. Page 1 of 2
LGS2004 Criminal Law
© 2007 South University
<
>
Attorneys for Plaintiff
_____________________________________________________
_______________
STATE OF NEW JERSEY,
:
SUPERIOR COURT OF NEW JERSEY
:
GLOUCESTER COUNTY
<Plaintiff>,
:
CRIMINAL PART

16. :
v.
:
Docket No:
:
:
:

17. CERTIFICATION OF
<Defendant>
:
______________________________:
Dated:
______________________________
<
>
Attorneys for Plaintiff
_____________________________________________________
_______________
STATE OF NEW JERSEY,
:
SUPERIOR COURT OF NEW JERSEY

18. :
ATLANTIC COUNTY
__________________
:
CRIMINAL PART
Plaintiff,
:
v.
:
Docket No:
:
__________________,
:

19. Defendant.
:
PROOF OF MAILING
:
______________________________:
The original of the within Certification has been filed with the
Clerk of the County of Atlantic
.
Dated:
____________________________________
Paralegal

20. PROOF OF MAILING:
On
, I, the undersigned, mailed the following: Certification of
l, by regular mail, to:
I certify that the foregoing statements made by me are true. I
am aware that if any of the foregoing statements made by me
are willfully false, I am subject to punishment.
Dated:
____________________________________
Paralegal
Page 1 of 2

21. LGS2004 Criminal Law
© 2007 South University