Compare the proposed agreement with the latest charging document and the court record, item by item. A plea offer may resolve some counts or allegations while leaving others for dismissal, withdrawal, or later sentencing. A short verbal summary is not enough to confirm that every count, prior, and enhancement is covered.

Make a charge-by-charge list

Start with the most recent amended complaint or information and the case number. For each count, prior conviction, enhancement, and special allegation, record what the proposed agreement says will happen: admit, dismiss, withdraw, remain unresolved, or be decided later. If an item does not appear in the agreement, ask counsel to clarify it before entering a plea.

Compare that list with every written offer, plea form, and addendum. The optional California Judicial Council felony plea form CR-101 separately identifies counts, priors, enhancements, allegations, the proposed agreement, and dismissed counts. Local courts may use another form, so review the actual documents in the case. (California Judicial Council form CR-101)

Check the proposed sentence too. Is the total term fixed by the agreement, or are some sentencing choices left open to the court? Are dismissal terms supposed to take effect at the plea hearing or later? On CR-101, item 2(g) describes dismissal after sentencing and includes an agreement allowing the judge to consider the underlying facts for restitution and sentencing. Ask counsel whether your actual agreement includes that term and what it changes; dismissal alone does not answer that question.

Confirm the terms entered in court

The optional CR-101 has separate places for the prosecutor to agree or disagree with the terms and for the court to enter its findings and order accepting the plea. A draft form or discussion of an offer does not show what was actually accepted. Ask counsel to compare the promised terms with those entered in court. (California Judicial Council form CR-101, pages 7–8)

After the hearing, compare what was said on the record and the minute order with the agreed list. If the court has not approved the terms, or the record does not clearly show what happens to an allegation, ask counsel to resolve the discrepancy before treating the case as finished.

For help reviewing a proposed plea and its scope, contact the Law Offices of David S. Chesley at (800) 755-5174.