STATE OF NEW MEXICO

PLEA AND DISPOSITION AGREEMENT

[// GUIDANCE: This template is drafted for use in the District Courts of the State of New Mexico and is intended to comply with Rule 5-304 NMRA governing pleas and plea agreements. Edit all bracketed placeholders before use and confirm local court preferences.]

I. DOCUMENT HEADER

1. Parties
   1.1 The State of New Mexico, by and through the Office of the [COUNTY] District Attorney (“State”).
   1.2 [DEFENDANT FULL LEGAL NAME], DOB [MM/DD/YYYY], (“Defendant”), represented by counsel [DEFENSE COUNSEL NAME], NM Bar No. [#####].

2. Case Information
   2.1 Case No.: [CASE NUMBER].
   2.2 Court: [COURT NAME], [JUDICIAL DISTRICT] Judicial District Court, State of New Mexico (“Court”).
   2.3 Effective Date: [DATE OF SIGNATURE BY LAST-SIGNING PARTY].

3. Recitals
   A. An Accusatory Pleading charging Defendant with the Offense(s) set forth below is pending in this Court.
   B. The Parties desire to resolve the charges without trial in accordance with Rule 5-304 NMRA and the terms stated herein.
   C. In consideration of the mutual promises and benefits contained in this Agreement, the adequacy and receipt of which are acknowledged, the Parties agree as follows.

II. DEFINITIONS

For purposes of this Agreement only:

“Agreement” means this Plea and Disposition Agreement, including all attachments, schedules, and any written amendments executed in accordance with Section IX.

“Conditional Plea” means a plea permitting Defendant to appeal specified pre-trial rulings under Rule 12-203 NMRA.

“Court Acceptance” means the Court’s formal acceptance of the plea after making the Rule 5-304(E) NMRA inquiries.

“Effective Date” has the meaning provided in Section 1.3.

“Offense(s)” means the charge(s) described in Section III.1 below.

III. OPERATIVE PROVISIONS

1. Charges and Amendments
   1.1 Original Charges: [List all counts, statutory citations, degree of felony/misdemeanor.]
   1.2 Amended Charges (if any): [Describe dismissals, reductions, or amended counts.]
   1.3 The State agrees to [DISMISS/AMEND] the charges identified in Schedule 1 upon Court Acceptance and fulfillment of Defendant’s obligations.

2. Plea
   2.1 Defendant shall enter a plea of [GUILTY/NO CONTEST] to the Offense(s) set forth in Section 1.2.
   2.2 The plea is [UNCONDITIONAL / CONDITIONAL subject to appeal of (specify ruling)].

3. Factual Basis
   3.1 Defendant admits the facts set forth in Schedule 2 and acknowledges they establish every element of the Offense(s).
   3.2 The Parties stipulate that the factual basis satisfies Rule 5-304(C)(4) NMRA.

4. Sentencing Agreement
   4.1 Classification & Basic Sentence
   a. Offense Classification: [4th-degree felony / misdemeanor, etc.].
   b. Statutory Maximum: [YEARS] years incarceration and $[FINE] fine.
   4.2 Agreed Disposition (select one):
   • Rule 5-304(B)(1) NMRA – Binding sentence of [TERM].
   • Rule 5-304(B)(2) NMRA – State agrees to recommend [TERM]; Court not bound.
   • Rule 5-304(B)(3) NMRA – State agrees not to oppose Defendant’s request for [TERM].
   • Rule 5-304(B)(4) NMRA – Other: [Describe].
   4.3 Probation & Conditions: [Describe length, standard/special conditions, treatment programs, etc.].
   4.4 Restitution: Defendant shall pay restitution of $[AMOUNT] to [VICTIM] per a schedule set by the Court.
   4.5 Credit for Time Served: Defendant to receive credit for [DAYS] days of presentence confinement.
   4.6 Collateral Consequences: Defendant acknowledges potential immigration, firearm, and civil rights impacts.

5. Waiver of Rights
   Defendant knowingly and voluntarily waives the following rights:
   a. Trial by jury;
   b. Confrontation and cross-examination of witnesses;
   c. Compulsory process;
   d. Presumption of innocence;
   e. Privilege against self-incrimination; and
   f. Right to appeal the conviction and sentence, except as provided in Section 7.1.

6. Dismissal of Remaining Counts
   Upon successful completion of all obligations, the State shall move to dismiss any charges listed in Schedule 1 as “To Be Dismissed.”

7. Appeal and Post-Conviction Waivers
   7.1 Appeal Waiver. Defendant waives the right to direct appeal of the conviction and sentence, except for:
   i. The Court’s acceptance of an illegal sentence;
   ii. Jurisdictional defects;
   iii. Ineffective assistance of counsel claims.
   7.2 Habeas Waiver. Defendant waives collateral review under Rule 5-802 NMRA, except as to ineffective assistance of counsel or newly discovered evidence.

8. Conditions Precedent
   This Agreement is conditioned upon:
   a. Court Acceptance; and
   b. Defendant’s truthful testimony at any co-defendant proceedings, if required.

9. Conditions Subsequent
   Violation of any term constitutes a material breach permitting remedies under Section VI.

IV. REPRESENTATIONS & WARRANTIES

1. Defendant
   1.1 Competency: Defendant is mentally competent.
   1.2 Voluntariness: Plea is voluntary and not the product of force, threats, or promises other than those contained herein.
   1.3 Consultation: Defendant has discussed the case and this Agreement fully with counsel and is satisfied with counsel’s advice.
   1.4 Substance Use: Defendant is not impaired by drugs, alcohol, or medication.

2. State
   2.1 Authority: Prosecuting attorney has authority pursuant to NMSA 1978, § 36-1-18 and Rule 5-304 NMRA to enter this Agreement.
   2.2 Disclosure: State has provided all material exculpatory information known to it.

3. Survival
   These representations survive Court Acceptance and sentencing.

V. COVENANTS & RESTRICTIONS

1. Defendant’s Covenants
   a. Appear at all court-ordered proceedings;
   b. Refrain from criminal conduct;
   c. Comply with all probationary conditions.

2. State’s Covenants
   a. Make sentencing recommendation(s) consistent with Section III.4;
   b. File all necessary dismissals within five (5) business days of sentencing.

3. Notice of Breach
   Each Party shall promptly notify the other of any act believed to constitute breach, allowing an opportunity to cure when practicable.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Defendant’s violation of probation or any term herein;
   b. Defendant’s false statement to the Court;
   c. Failure to pay restitution as ordered.

2. Remedies
   2.1 State’s Remedies
   i. Withdrawal from Agreement;
   ii. Reinstatement of dismissed or amended charges;
   iii. Use of Defendant’s statements in subsequent proceedings.
   2.2 Defendant’s Remedies
   i. Specific performance of binding promises;
   ii. Withdrawal of plea if the Court rejects a binding sentence under Rule 5-304(G) NMRA.

3. Attorney Fees
   Each Party bears its own attorney fees and costs.

VII. RISK ALLOCATION

[// GUIDANCE: NM plea agreements do not employ indemnification. Liability exposure is limited to the agreed criminal sentence.]

1. Limitation of Liability
   The agreed sentence set forth in Section III.4 constitutes the Parties’ complete allocation of risk and liability.

2. Force Majeure
   Not applicable.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Agreement is governed by the laws of the State of New Mexico.

2. Forum Selection
   Exclusive jurisdiction lies with the [JUDICIAL DISTRICT] Judicial District Court, State of New Mexico.

3. Arbitration
   Not available; criminal matters are non-arbitrable.

4. Jury Waiver
   Defendant’s plea waives the right to a jury trial as set forth in Section III.5.

IX. GENERAL PROVISIONS

1. Entire Agreement
   This Agreement, including schedules, constitutes the entire understanding and supersedes all prior proposals, writings, and discussions.

2. Amendment and Waiver
   No amendment or waiver is effective unless in writing, signed by all Parties, and accepted by the Court.

3. Assignment
   Neither Party may assign rights or obligations hereunder.

4. Severability
   If any provision is held unlawful or unenforceable, the remaining provisions remain in full force.

5. Interpretation
   Headings are for convenience only and do not affect interpretation. Ambiguities shall not be construed against either Party.

6. Counterparts & Electronic Signatures
   This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Plea and Disposition Agreement as of the Effective Date.

State of New Mexico

[PROSECUTOR NAME]
Assistant District Attorney
[COUNTY] District Attorney’s Office
Date: ________

Defendant

[DEFENDANT NAME]
Date: ________

Defense Counsel Certification

I certify that I have discussed this Agreement with Defendant, explained the rights being waived, and believe Defendant is entering the plea knowingly and voluntarily.

[DEFENSE COUNSEL NAME], Esq.
Attorney for Defendant
Date: ________

Judicial Acceptance

The Court finds that the plea is knowing, voluntary, and supported by a factual basis, and hereby [ACCEPTS / REJECTS] the Plea and Disposition Agreement pursuant to Rule 5-304 NMRA.

THE HONORABLE [JUDGE NAME]
District Judge
Date: ________

Schedule 1 – Charges to Be Amended or Dismissed

[// GUIDANCE: List any counts the State agrees to dismiss or reduce.]

Schedule 2 – Factual Basis

[// GUIDANCE: Provide a concise statement of facts establishing each element of the Offense(s).]

[// GUIDANCE: Perform a final review for accuracy of statutory references, local rule citations, and compatibility with any standing orders in the relevant judicial district.]