STATE OF MAINE

_____ COUNTY SUPERIOR COURT

DOCKET NO. [DOCKET NO.]

WRITTEN PLEA AGREEMENT

State of Maine v. [DEFENDANT NAME]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Charges and Plea
   3.2 Factual Basis
   3.3 Rights Acknowledged & Waived
   3.4 Sentencing Disposition
   3.5 Conditions Precedent & Subsequent
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (Limited)
8. Dispute Resolution, Governing Law & Venue
9. General Provisions
10. Execution Block

[// GUIDANCE: Remove any Table of Contents reference to sections you delete during customization.]

1. DOCUMENT HEADER

This Written Plea Agreement (“Agreement”) is entered into as of the [EFFECTIVE DATE] by and among:

1. The State of Maine, acting through the Office of the District Attorney for _____ County (the “State”); and
2. [DEFENDANT NAME], an individual, DOB [MM/DD/YYYY], residing at [ADDRESS] (the “Defendant”), represented by counsel, [DEFENSE COUNSEL NAME], Esq. (“Defense Counsel”).

RECITALS

A. The Defendant is charged in the above-captioned matter by [Indictment/Information/Complaint] with:
• Count 1: [STATUTE], a Class [CLASS LEVEL] crime;
• [ADDITIONAL COUNTS AS APPLICABLE].

B. The State and the Defendant (collectively, the “Parties”) desire to resolve all pending charges without trial, consistent with Me. R. Crim. P. 11 and applicable Maine sentencing statutes.

C. In consideration of the mutual promises and undertakings herein, the sufficiency of which is acknowledged, the Parties agree as follows.

2. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Undefined capitalized terms shall have their plain English meaning.

“Agreement” – This Written Plea Agreement and all attachments and schedules hereto.
“Court” – The Maine Superior Court, __ County, or such other Maine state criminal court with jurisdiction over this matter.
“Defendant” – [DEFENDANT NAME].
“Effective Date” – The date on which the last Party executes this Agreement.
“State” – The State of Maine acting through the Office of the District Attorney, __ County.
“Violation” – Any material breach of Section 6 (Default & Remedies).

[// GUIDANCE: Add or delete definitions to ensure complete coverage and cross-referencing.]

3. OPERATIVE PROVISIONS

3.1 Charges and Plea

3.1.1 Plea. The Defendant agrees to plead [GUILTY/NO CONTEST] to the following charge(s):
• Count 1: [STATUTE], Class [CLASS].
[INSERT ADDITIONAL COUNTS IF APPLICABLE]

3.1.2 Dismissal of Remaining Counts. Upon the Court’s acceptance of the Plea and imposition of sentence consistent with Section 3.4, the State shall move to dismiss any remaining counts listed in the charging instrument.

3.2 Factual Basis

The Defendant stipulates that a factual basis sufficient to support the Plea exists and will provide, under oath, a summary of facts satisfactory to the Court pursuant to Me. R. Crim. P. 11(b)(3).

3.3 Rights Acknowledged & Waived

a. Trial and Jury Waiver. The Defendant knowingly and voluntarily waives the constitutional and statutory right to a trial by jury or by the Court, the right to confront and cross-examine witnesses, the right to compel witnesses, and the privilege against self-incrimination.
b. Appeal Waiver. Except as provided in Section 6.3, the Defendant expressly waives the right to appeal the conviction, sentence, and any pre-trial rulings.
c. Collateral Review Waiver. The Defendant waives the right to seek post-conviction review under 15 M.R.S.A. §§ 2121–2132 except for claims based on (i) ineffective assistance of counsel, (ii) prosecutorial misconduct unknown at the time of plea, or (iii) newly-discovered exculpatory evidence.
d. Other Rights. All other rights not expressly waived remain intact.

[// GUIDANCE: Maine courts scrutinize appeal waivers; ensure the waiver is knowing, voluntary, and limited to survive potential challenge.]

3.4 Sentencing Disposition

3.4.1 Agreed Sentence. The Parties jointly recommend the following disposition (“Agreed Sentence”):
i. Incarceration: [TERM OF IMPRISONMENT], with credit for [TIME ALREADY SERVED] days;
ii. Probation: [YEARS] years, subject to standard and special conditions listed in Schedule A;
iii. Restitution: $[AMOUNT] payable pursuant to a payment schedule approved by the Court;
iv. Fine: $[AMOUNT];
v. Other: [LICENSE SUSPENSION, COMMUNITY SERVICE, ETC.].

3.4.2 Non-Binding Recommendation. The Parties understand that the Court retains ultimate sentencing authority. If the Court declines to impose the Agreed Sentence, the Defendant may withdraw the Plea under Me. R. Crim. P. 11(c)(3).

3.4.3 Sentencing Guidelines Compliance. The Parties believe the Agreed Sentence is consistent with the three-step sentencing analysis mandated under Maine law, including consideration of 17-A M.R.S.A. § 1252 and related provisions.

3.5 Conditions Precedent & Subsequent

a. Court Acceptance. This Agreement is contingent upon acceptance by the Court.
b. Cooperation (if applicable). The Defendant shall provide truthful cooperation in [RELATED CASE] as set forth in Schedule B.
c. Conduct Pending Sentencing. The Defendant shall remain of good behavior, violate no law, and appear for all scheduled hearings.

4. REPRESENTATIONS & WARRANTIES

4.1 Defendant’s Representations
a. Competency. The Defendant is competent to enter this Agreement and understands its terms.
b. Voluntariness. The Plea is made freely and voluntarily, without threats or promises other than those contained herein.
c. Consultation. The Defendant has fully discussed the charges, evidence, defenses, and this Agreement with Defense Counsel.
d. Immigration. The Defendant understands that conviction may carry immigration consequences, including removal, pursuant to federal law (8 U.S.C. § 1227).
e. Substance Influence. The Defendant is not under the influence of drugs, alcohol, or medication impairing judgment.

4.2 State’s Representations
The State has made no promises other than those expressly stated herein and will disclose to the Court any known exculpatory or impeachment evidence as required by law.

4.3 Survival. The representations and warranties in this Section survive acceptance of the Plea and imposition of sentence.

5. COVENANTS & RESTRICTIONS

5.1 Defendant’s Covenants
a. Compliance. The Defendant shall comply with all terms of probation, restitution, fines, and special conditions.
b. No Contact. [NO-CONTACT ORDER DETAILS OR “N/A”].
c. Disclosure. The Defendant shall provide accurate financial information to facilitate restitution.

5.2 State’s Covenants
The State shall:
i. Move to dismiss counts pursuant to Section 3.1.2;
ii. Refrain from bringing additional charges arising out of the facts underlying the dismissed counts, absent new evidence of more serious criminal conduct.

6. DEFAULT & REMEDIES

6.1 Events of Default. A “Violation” occurs if the Defendant:
a. Commits a new criminal offense prior to completion of the sentence;
b. Provides materially false information to the Court or the State;
c. Fails to appear for sentencing or other required hearings;
d. Breaches any cooperation obligations in Schedule B.

6.2 Notice & Cure. Upon a Violation, the State shall give written notice to Defense Counsel. If the Violation is curable, the Defendant shall have seven (7) days to cure, unless exigent circumstances exist.

6.3 Remedies. Upon an uncured Violation, the State may, at its sole discretion:
i. Request revocation of probation or modification of sentence;
ii. Withdraw from this Agreement and reinstate dismissed counts;
iii. Oppose any motion to withdraw the Plea; and
iv. Contest any appeal notwithstanding Section 3.3(b).

6.4 Attorney Fees & Costs. In any contested proceeding arising from a Violation, each Party shall bear its own attorney fees. The Court may assess costs as permitted by law.

[// GUIDANCE: Maine courts rarely enforce attorney-fee shifting in criminal matters; keep default language neutral.]

7. RISK ALLOCATION (LIMITED)

7.1 Indemnification. Not applicable.
7.2 Limitation of Liability. The Defendant’s maximum exposure is the “Agreed Sentence” unless the Court rejects the plea or a Violation occurs.
7.3 Force Majeure. Not applicable.

8. DISPUTE RESOLUTION, GOVERNING LAW & VENUE

8.1 Governing Law. This Agreement is governed by the laws of the State of Maine and the Maine Rules of Criminal Procedure.
8.2 Forum Selection. Exclusive venue lies in the _____ County Superior Court (Unified Criminal Docket).
8.3 Arbitration. Not available for criminal matters.
8.4 Jury Waiver. See Section 3.3(a).
8.5 Injunctive Relief. Not applicable.

9. GENERAL PROVISIONS

9.1 Entire Agreement. This document constitutes the complete understanding of the Parties and supersedes all prior oral or written agreements.
9.2 Amendment & Waiver. No amendment or waiver is effective unless in writing and signed by all Parties and approved by the Court.
9.3 Assignment. Neither Party may assign rights or obligations hereunder.
9.4 Severability. If any provision is held invalid, the remaining provisions remain enforceable.
9.5 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, including facsimile or electronic signatures, each of which is deemed an original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.

10.1 State of Maine

[NAME], Esq.
Assistant District Attorney
[COUNTY] County District Attorney’s Office
Date: _____

10.2 Defendant

[DEFENDANT NAME]
Defendant
Date: _____

10.3 Defense Counsel Certification

I, [DEFENSE COUNSEL NAME], Esq., certify that I have reviewed this Agreement with the Defendant, explained each provision, and believe the Defendant understands and voluntarily accepts the terms.

[DEFENSE COUNSEL NAME], Esq.
[Law Firm / Address / Bar No.]
Date: _____

10.4 Court Acceptance

☐ Accepted  ☐ Rejected

Hon. [JUDGE NAME]
Justice, Maine Superior Court
Date: _____

SCHEDULE A

Standard & Special Conditions of Probation
[INSERT LIST]

SCHEDULE B (OPTIONAL)

Cooperation Obligations
[INSERT DETAILS OR “N/A”]

[// GUIDANCE: Attach additional schedules as needed—e.g., restitution worksheet, factual basis statement.]