State Plea Agreement

STATE PLEA AGREEMENT

Counsel-use record. Maine Rules of Unified Criminal Procedure 11 and 11A govern the plea and agreement. This writing does not replace the open-court inquiry, factual-basis presentation, stated reasons, or local practice.

1. PLEA TYPE

Plea selected: ☐ Guilty ☐ Nolo contendere

Conditional status:

• ☐ Unconditional plea.
• ☐ Conditional plea under Rule 11(a)(2), with court approval and State consent.

Written preserved motion and ruling: [MOTION / ORDER / DATE]

[____________________________________________________________]

• ☐ Parties certify in writing that the record is adequate for appellate review.
• ☐ Parties certify the case is not appropriate for harmless-error treatment.

2. RULE 11A AGREEMENT TYPE

The State agrees to one or more of the following:

• ☐ dismiss other charge(s): [________________________________];
• ☐ not oppose the defendant's requested disposition;
• ☐ recommend a particular disposition;
• ☐ join in recommending a particular disposition;
• ☐ other lawful term: [________________________________].

For a Class C or higher crime with a sentencing recommendation, counsel must state the reasons required by Rule 11A(c) on the record.

3. DISPOSITION

If the court accepts a recommendation, it may impose a disposition more favorable to the defendant but not one less favorable. If it intends a less favorable disposition, Rule 11A(e) requires on-record notice and an opportunity for the defendant to withdraw the plea.

4. CLASS C OR HIGHER PLEA INQUIRY

For murder or a Class A, B, or C crime, the defendant will personally address:

• ☐ elements of the charge;
• ☐ maximum sentence and mandatory minimum;
• ☐ presumption of innocence and proof beyond a reasonable doubt;
• ☐ speedy and public court or jury trial;
• ☐ confrontation and cross-examination;
• ☐ defense witnesses;
• ☐ choice to testify or not testify;
• ☐ voluntariness and absence of force, threats, or undisclosed promises;
• ☐ plea-agreement existence and terms;
• ☐ counsel or valid waiver of counsel.

5. FACTUAL BASIS AND IMMIGRATION INQUIRY

State's factual-basis presentation:

[____________________________________________________________]

[____________________________________________________________]

For a Class C or higher crime, the court must be satisfied from inquiry of the attorney for the State that a factual basis exists.

For any crime, the court must ask whether the defendant was born in the United States and follow Rule 11(h) if the answer indicates possible noncitizenship.

Immigration advice / continuance record: [________________________________]

6. STATE COMPLIANCE AND PLEA EVIDENCE

If the State fails to perform a Rule 11A(a)(1) dismissal promise or a Rule 11A(a)(2) nonopposition promise, Rule 11A(f) authorizes withdrawal or other appropriate relief, including enforcement.

Rule 11A(g) directs that withdrawn pleas, offers, and related statements are governed by Maine Rule of Evidence 410. A nolo plea is not admissible against the person in a civil or criminal proceeding.

7. CONDITIONS BEFORE SENTENCING

• ☐ appear as ordered;
• ☐ complete the presentence process;
• ☐ obey release conditions;
• ☐ no new-offense condition: [________________________________];
• ☐ cooperation addendum attached;
• ☐ other: [________________________________].

Any alleged violation must be presented through lawful procedure. This agreement creates no automatic admission or self-executing penalty.

8. COMPLETE TERMS

All plea terms and recommendations must be disclosed in open court when the plea is offered.

Attachment(s): [________________________________]

No term authorizes an illegal sentence or replaces the court's duties under Rules 11 and 11A.

9. SIGNATURES

Defendant

I reviewed this agreement with counsel and understand the plea type, recommendations, and court's role.

Signature: ______________________________ Date: [__/__/____]

Printed name: [________________________________]

Defense counsel

I reviewed the charges, evidence, defenses, exposure, plea consequences, and any conditional reservation with the defendant.

Signature: ______________________________ Date: [__/__/____]

Name / Bar No.: [________________________________]

Prosecutor

The State confirms that this writing accurately states its promises and recommendations.

Signature: ______________________________ Date: [__/__/____]

Name / Bar No.: [________________________________]

10. COURT-USE RECORD

• ☐ Plea type and conditional status addressed
• ☐ Rule 11 inquiry completed
• ☐ Agreement disclosed in open court
• ☐ Class C-or-higher recommendation reasons stated
• ☐ Plea knowing and voluntary
• ☐ Factual basis found where required
• ☐ Immigration inquiry completed
• ☐ Recommendation accepted
• ☐ Less-favorable disposition intended; withdrawal opportunity given
• ☐ Plea accepted
• ☐ Other: [________________________________]

Justice/Judge: ______________________________ Date: [__/__/____]

Sources and References

• Maine Rules of Unified Criminal Procedure, Rules 11 and 11A
• Maine Judicial Branch court rules and amendments