Plea And Disposition Agreement {10-712}

10-712. Plea and disposition agreement.[For use with Rule 10-227 NMRA]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTIn the Matter of , a Child.No. PLEA AND DISPOSITION AGREEMENTThe state and the child agree to the following disposition:PLEA:The child agrees to (admit) (not contest) the following charges/delinquent acts:..TERMS:[ ]There are no agreements as to disposition. A pre-disposition report will be prepared. Themaximum penalties for these charges are: (Set forth maximum penalties).[ ]A consent decree will be entered by the court for a period of months, notto exceed six (6) months.[ ]The child will not oppose an extension of the consent decree for an additional six(6) months.[ ]The consent decree will end on (date), unless discharged sooner byprobation services.[ ]Probation for a period of , not to exceed two (2) years inaccordance with the probation order approved by the court.[ ]The child will be committed to the Children, Youth and Families Department forpredispositional diagnosis, rehabilitation, and education for a period not to exceed fifteen(15) days. Upon completion, the court shall set a disposition hearing.[ ]The child will be committed to the Children, Youth and Families Department for a periodof . American LegalNet, Inc. www.FormsWorkFlow.com [ ]The child will be committed to the detention center for a period of.[ ] (set forth any other specificconditions).[ ]Additional charges. The following charges will be dismissed, or not filed:.[ ]Restitution.1Effect on petition:This agreement, unless rejected or withdrawn, serves to amend the petition to charge delinquentacts to which the child pleads, without the filing of any additional pleading. If the plea is rejectedor withdrawn, the original charges are automatically reinstated.Waiver of defenses and appeal:Unless this plea is rejected or withdrawn, the child gives up any and all motions, defenses,objections or requests which the child has made or raised, or could assert hereafter, to the court222sentry of judgment and disposition consistent with this agreement. The child waives the right toappeal the judgment and disposition that results from the entry of this plea agreement.Withdrawal permitted if agreement rejected:If after reviewing this agreement and any predisposition report the court concludes that any of itsprovisions are unacceptable, the court will allow the withdrawal of the plea, and this agreementwill be void. If the plea is withdrawn, neither the plea nor any statements arising out of the pleaproceedings shall be admissible as evidence against the defendant in any children222s court orcriminal proceedings.I HAVE READ AND UNDERSTAND THE ABOVE. I have discussed the case and myconstitutional rights with my lawyer. I understand that by entering into this agreement I will begiving up my rights to a trial (jury or court), to confront, cross-examine, and compel theattendance of witnesses, my privilege against self-incrimination, and my right to an appeal. Iagree to enter my plea as set forth above on the terms and conditions set forth in this agreement.Child222s signatureDateREVIEW BY CHILD222S ATTORNEYI have reviewed the plea and disposition agreement with my client. I have discussed this American LegalNet, Inc. www.FormsWorkFlow.com case with my client. I have advised my client of my client222s constitutional rights and possibledefenses.Child222s attorneyDateCHILDREN222S COURT ATTORNEY REVIEWI have reviewed and approve this plea and disposition agreement and find that it isappropriate and consistent with the best interests of justice.Children222s Court AttorneyDateCOURT APPROVALChildren222s Court JudgeDateUSE NOTE1.If this option is selected, the juvenile probation and parole officer (JPPO) and thechild shall promptly prepare a restitution plan, including a specific amount to be paid to eachvictim and a payment schedule. Cf. NMSA 1978, 247 31-17-1(B) (setting forth the requirements forordering restitution in a criminal proceeding). The child222s restitution plan and the JPPO222srecommendations shall be submitted promptly to the court. Cf. id. The court shall promptly enteran order approving, disapproving, or modifying the plan, taking into account the child222scircumstances and the limitations on restitution set forth in NMSA 1978, Section 32A-2-3(G)(defining 223restitution224 under the Delinquency Act). See also 247 32A-2-27(C) (providing that thecourt may order a child 223found to be within the provisions of the Delinquency Act224 to payrestitution).[Approved, effective August 1, 1999; 10-423 recompiled and amended as 10-712 by SupremeCourt Order No. 16-8300-017, effective for all cases pending or filed on or after December 31,2016.] American LegalNet, Inc. www.FormsWorkFlow.com