Exhibit_C_-_Current_Plea_Agreement.pdf

EXHIBIT C- CURRENT CITY PLEA

AGREEMENT

CITY OF PHOENIX

EXHIBIT C – CURRENT CITY PLEA AGREEMENT

IN THE MUNICIPAL COURT OF THE CITY OF PHOENIX

COUNTY OF MARICOPA, STATE OF ARIZONA

STATE OF ARIZONA,

Plaintiff, vs.

Defendant.

SHOPLIFTING/THEFT DIVERSION

PROGRAM PLEA AGREEMENT

No(s):

The State of Arizona and the defendant agree, by the terms and conditions of this document, to the following disposition of this case:

I. That the defendant pleads guilty/no contest to:

II. That the defendant will receive the following sentence:

• months probation;

• $ fine plus surcharge = $ ;

• days in jail. Pay jail costs as imposed by the Court, pursuant to A.R.S. § 13-804.01(B);

III. That the following charges are dismissed or, if not yet filed, shall not be brought against the defendant:

IV. That departmental report # incorporated by reference in the Court's record for determining a factual basis.

V. That this agreement serves to amend the complaint(s) to charge the offense(s) to which the defendant pleads.

VI. That this Plea Agreement does not preclude any other remedies authorized by law including forfeiture and civil racketeering remedies and recovery costs of emergency response. The defendant understands that, pursuant to A.R.S. §§ 13-807, 13-2314(H) and 13-4310(C), the defendant is precluded from denying in any civil proceeding the essential allegations for the criminal offense of which he/she is convicted. The defendant further understands that a guilty plea, no contest plea, or a plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), all result in a conviction.

VII. The Court shall suspend the entry of judgment and imposition of sentence for a maximum of 150 days on the following conditions:

• The defendant is assigned to the Shoplifting/Theft Diversion Program (hereinafter “Program”) and will contact the Program within 5 business days at PROVIDER PHONE NUMBER or PROVIDER ADDRESS to register for the Program. Program registration must be completed within 30 days from signing this Plea Agreement. Payment plans are available upon request.

• The defendant agrees to pay all intake and Program fees, including any restitution, and any additional services fees before completing the Program. Upon full payment, one 8-hour class must be scheduled and completed.

• Defendant shall attend and participate in the Program’s mandatory educational class and complete any additional treatment required by the Program. Defendant shall fully cooperate with PROVIDER NAME, staff (hereinafter “Provider”) and attend all scheduled services as directed by the Provider. If unable to attend a scheduled class, the defendant must contact the Provider staff prior to the class.

• The defendant shall immediately provide, in writing, to the Provider all changes of address and telephone numbers.

• The defendant agrees to appear at any Court setting scheduled during completion of the Program, and that if he/she fails to successfully complete the Program, he/she will appear at all future court settings.

• The defendant is required to pay restitution, pursuant to A.R.S. § 13-603, to persons who have suffered economic loss as a result of the criminal conduct to which the defendant is pleading guilty. If there is restitution to be paid, the defendant will make full restitution to the victim. The Provider staff will explain how arrangements will be made to pay restitution. Restitution must be paid in full before the Program is completed and the case dismissed. If the Court does not order the defendant to pay restitution at this time, the Court may at a later time order restitution as required by law, in addition to the sentence imposed by this plea agreement, subject to the right to a hearing to determine the proper amount of restitution. The victim may request restitution until the time the case is dismissed. The victim has the right to refuse any restitution arrangements or findings. The victim may appear before the Court and oppose the dismissal of the charge(s).

• Defendant agrees to comply with any terms of release that have been imposed by the Court.

• Providing false information or failing to comply with any condition will result in judgment being entered and the sentence imposed.

VIII. The defendant understands that to be eligible for the Shoplifting/Theft Diversion Program, the crime cannot have included theft of an item on a person; the current charge(s) cannot involve more than two charges; this case cannot involve aggravating circumstances; the defendant cannot have incidents of any theft related felony, burglary, a violent felony, and no more than two misdemeanor theft incidents; and the current offense cannot involve: Assault, Theft of Government Property or Monies by a Government Employee or Other in a Fiduciary Like Position, Resisting Arrest, Providing False Information to a Police Officer, Possession of a Concealed Weapon, or Contributing to the Delinquency/Dependency of a Minor.

IX. The defendant certifies that he/she is not currently enrolled on another charge(s), has not previously enrolled on this charge(s), nor had a case previously dismissed by the City of Phoenix Shoplifting/Theft Diversion Program.

X. That if, as a part of this Plea Agreement, the defendant is placed on probation by the Court, the terms and conditions of probation are subject to being modified at any time during the period of probation, and if the defendant violates any of the written terms and conditions, probation may be revoked.

XI. The defendant agrees that the Prosecutor’s Office may release any information in its file to the Provider. The defendant further authorizes the Provider, Phoenix Municipal Court, Phoenix Prosecutor’s Office, and the identified victim to exchange all information about his/her legal status, case information, demographics, Program assignment and status, attendance, treatment progress, and discharge status for 10 years from today’s date.

XII. The defendant understands that by entering into this Agreement the defendant is pleading guilty to the charge(s) and if the Program is not successfully completed, a judgment of guilt will be entered and the sentence will be imposed without any further opportunity to plead not guilty or otherwise defend against the charge(s). The defendant waives his/her right to receive a copy of any Motion to Set Aside the Plea Agreement and Dismiss the Charge(s). The defendant further waives his/her constitutional right to a speedy trial for delays which occur while he/she is either enrolled in the Program or until judgment is entered and sentence imposed.

XIII. If the defendant successfully completes the Program, the Court shall not enter judgment nor execute sentence, but shall set aside this Plea Agreement and dismiss the charge(s) without prejudice.

XIV. If this Plea Agreement is rejected, withdrawn or reversed on appeal, the original charge(s) will be automatically reinstated and set for trial.

XV. The defendant agrees that the City Prosecutor’s Officer may terminate the defendant’s eligibility at any time and move the Court to enter judgment and impose sentence.

DEFENDANT: I have read or have had read to me the provisions of this agreement and I understand them. I have discussed the case and my constitutional rights with my attorney, if I have one representing me. I understand that by pleading guilty/no contest, I will be giving up the following constitutional rights: to plead not guilty; to have a trial;

to confront, cross-examine, and compel the attendance of witnesses; to remain silent which is my right against self incrimination; to direct appeal of my conviction or sentence - review may be accomplished only by filing a petition for post-conviction relief pursuant to 17 A.R.S. Rules of Crim. Proc., Rule 33, and, if denied, a petition for review. I further understand that I have a right to be represented by an attorney prior to and during this proceeding, and that if I cannot afford to hire an attorney, I can ask the judge to determine if I am entitled to one free of charge.

I agree to enter my plea as indicated above on the terms and conditions set forth in this document.

Date ___________________ Defendant ____________________________

Address: (PLEASE PRINT) ______________________________________

City: _______________ Zip: __________ Phone No(s): _____________

DEFENSE ATTORNEY: I have discussed this case and the terms and conditions set forth in this document with the defendant in detail and explained his/her constitutional rights and all possible defenses. I believe that the defendant is entering into the agreement voluntarily, knowingly and intelligently.

Date ___________________ Defense Counsel ______________________

PROSECUTOR: I agree and concur with the plea and disposition set forth in this agreement.

Date ___________________ Prosecutor ____________________________

INTERPRETER: I have accurately interpreted the terms of this Plea Agreement for the defendant and ascertained that the defendant understands the language of interpretation.

Date ___________________ Interpreter ____________________________