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Conditional Plea Form. This is a New Mexico form and can be use in Criminal Statewide.
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Tags: Conditional Plea, 9-408C, New Mexico Statewide, Criminal
9-408C. Conditional Plea
[For use with District Court Rule 5-304 NMRA]
STATE OF NEW MEXICO
COUNTY OF _____________________
IN THE DISTRICT COURT
No. _____________
STATE OF NEW MEXICO
v.
_____________________________, Defendant
CONDITIONAL PLEA
I, _____________________________ (name of defendant), with the approval of the court, am
entering a plea of [guilty] [no contest] to ___________________________________________
The maximum penalties for the above charges are (set forth offense and statutory sentence):
Count 1.
_______________________________________________
Count 2.
_______________________________________________
Count 3.
_______________________________________________
I understand my plea is conditioned upon the filing of an appeal on the issue of
_____________________ (describe pretrial motion upon which appeal will be based).
I understand that, if the judge approves my plea of [guilty] [no contest], a judgment and sentence will
be entered and that I may appeal on the issue specified above in the manner provided by the Rules
of Appellate Procedure.
I understand that if I win my appeal on the issue specified above, that I may withdraw my plea of
[guilty] [no contest].
I understand that a conviction may have an effect upon my immigration or naturalization status, and
I acknowledge that, if I am represented by an attorney, my attorney has advised me of the
immigration consequences of this plea agreement.
(Domestic violence or felony cases only)
I understand that an entry of a plea for a crime of domestic violence or felony will affect my
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constitutional right to bear arms, including shipping, receiving, possessing or owning any firearm
or ammunition, all of which are crimes punishable under federal law for a person convicted of
domestic violence.
I understand that a conviction may require me to register as a sex offender under the Sex Offender
Registration and Notification Act [29-11A-1 NMSA 1978] and I acknowledge that, if I am
represented by an attorney, my attorney has advised me of the requirement to register.
I have read and understand the above. I have discussed the case and my constitutional rights with
my lawyer. I understand that by pleading [guilty] [no contest], if my plea is not later withdrawn, I
will be giving up my right to a trial by jury, to confront, cross-examine, and compel the attendance
of witnesses, and my privilege against self-incrimination. I agree to enter my plea as indicated above
on the terms and conditions set forth herein.
__________________________
Date
_____________________________
Defendant
DEFENSE COUNSEL REVIEW
I have reviewed the plea and disposition agreement with my client. I have discussed this case with
my client and I have advised my client of my client's constitutional rights and possible defenses.
__________________________
Defense counsel
_________________________________
Date
PROSECUTOR APPROVAL
I have reviewed and approve this plea and disposition agreement and find that it is appropriate and
consistent with the best interests of justice.
__________________________
Prosecutor
_________________________________
Date
Approved:
____________________________
District Judge
[Adopted, effective January 15, 1998; as amended by Supreme Court Order 07-8300-29, effective
December 10, 2007; as amended by Supreme Court Order No. 10-8300-028, effective December 3,
2010.]
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