Plea Agreements in Federal Court: Rule 11 Procedure

Plea discussions

Fed. R. Crim. P. 11(c)(1) allows an attorney for the government and the defendant's attorney — or the defendant proceeding pro se — to discuss and reach a plea agreement. The agreement may bind the government to dismiss charges, recommend a sentence, or agree that a particular sentence is appropriate; the court is not bound by the parties' sentencing agreement.

The plea colloquy

Fed. R. Crim. P. 11(b)(1) requires the court, before accepting a plea of guilty or nolo contendere, to address the defendant personally in open court and to confirm that the defendant understands the charge, the penalties, and the rights being waived. A plea taken without the required advisements can be set aside on appeal.

Withdrawal and breach

A plea may be withdrawn before the court accepts it; after acceptance, withdrawal requires a fair and just reason. If the government breaches the agreement, the defendant may seek specific performance or withdrawal.

Primary sources

• Fed. R. Crim. P. 11(b)(1) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following:”
• Fed. R. Crim. P. 11(c)(1) — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “An attorney for the government and the defendant's attorney, or the defendant when proceeding pro se, may discuss and reach a plea agreement”

Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.

Related reference pages

• Federal Criminal Defense: An Overview of Statutes and Process
• Federal Criminal Investigations: Warrants, Subpoenas, and False Statements
• Conspiracy Charges Under 18 U.S.C. § 371
• Federal Drug Crime Prosecutions: Statutes and Process
• Federal Fraud Offenses: Mail Fraud, Wire Fraud, and Related Statutes
• White-Collar Prosecutions: Statutes and Investigative Patterns
• Federal Sentencing: Guidelines, the Presentence Report, and 18 U.S.C. § 3553(a)
• Federal Criminal Trials: Procedure, Speedy Trial, and Burdens
• Pretrial Motions in Federal Criminal Cases: Rule 12