with whom SILVER, J., joins, concurring.
[¶ 18] I concur in and join the Court’s decision to affirm the Superior Court’s judgment. I agree with the Court that the trial court has the authority pursuant to 17-A M.R.S. § 1202(2) (2009) to entertain motions to amend conditions of probation and to impose special conditions of probation not imposed at the time of sentencing. I also agree that no change of circumstances is required for a court to grant a motion for additional conditions. See State v. Collins, 681 A.2d 1168, 1170 (Me.1996). However, I believe that when the defendant alleges that the addition of special conditions to his probation violates- a plea agreement, the court must consider whether the imposition of these additional conditions would constitute a substantial breach of the plea agreement.
[¶ 14] Plea agreements are a significant part of the criminal justice system. State v. Russo, 2008 ME 31, 942 A.2d 694 and Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 80 L.Ed.2d 427 (1971) make this very clear. In Santobello, the United States Supreme Court stated:
This phase of the process of criminal justice, and the adjudicative element inherent in accepting a plea of guilty, must be attended by safeguards to insure the defendant what is reasonably due in the circumstances. Those circumstances will vary, but a constant factor is that when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.
404 U.S. at 262, 92 S.Ct. 495. In Russo, we held that the express terms of a plea agreement must be upheld when the State commits a “substantial breach” of the *13agreement. 2008 ME 31, ¶ 17, 942 A.2d at 699.
[¶ 15] Although contract principles apply when interpreting plea agreements, the real test is whether the defendant knowingly and voluntarily entered a guilty plea. See M.R.Crim. P. 11. The terms of the plea agreement are an essential component of this determination and are scrutinized more closely than commercial contracts “because the defendant’s fundamental and constitutional rights are implicated.” State v. Murphy, 2004 ME 118, ¶ 9, 861 A.2d 657, 661 (quotation marks omitted). If there is any ambiguity regarding the terms of the plea agreement, it is resolved in favor of the defendant. See id.; Russo, 2008 ME 31, ¶ 17, 942 A.2d at 699.
[¶ 16] In Santobello, the Supreme Court discussed the remedies that are available to a defendant whose plea agreement was violated. In some circumstances specific performance is a possibility, and in others the only remedy is the withdrawal of the guilty plea. Santobello, 404 U.S. at 263, 92 S.Ct. 495. The Santobello Court left it to the discretion of the trial court to decide whether there can be specific performance of the plea agreement or whether the defendant should be entitled to withdraw his plea. Id. at 262-63.
[¶ 17] Here, the Court states that Tel-ford is presumed to have been aware of the possibility that additional conditions could be imposed. The Court indicates that unless the plea agreement specifically rules out the possibility of special conditions being added in the future, the State is free to request the addition of special conditions of probation.
[¶ 18] I do not believe that this is the practice between prosecutors and defense attorneys in this state. Neither the inclusion of specific conditions of probation nor the absence of special conditions of probation in plea agreements leaves the door open for the possibility that special conditions could be added in the future. Special conditions of probation may range from simple matters such as additional reporting requirements to onerous conditions such as house arrest. They could involve the defendant giving up his Fourth or Fifth Amendment rights. The number and type of special conditions that may be imposed in a particular case is expansive. The Court’s decision will have a dramatic impact upon the present practice among prosecutors, defense counsel, and the trial courts in dealing with special conditions of probation that are part of plea agreements.
[¶ 19] Commonly, prosecutors and defense attorneys exchange letters in order to document the agreement reached between them and to explain the agreement to the court during the Rule 11 sentencing proceeding. Telford’s attorney received a letter from the Assistant District Attorney documenting the agreement reached by the parties. The letter indicated that the State would recommend a special condition of probation, namely, that Telford could not possess a computer. Telford pleaded guilty in the Superior Court and during the Rule 11 sentencing proceeding, the court confirmed that there was a plea agreement and one of the provisions was that Telford would be placed on probation with a special condition. The possibility of additional future conditions is not contained in the prosecutor’s letter documenting the plea agreement between the State and Telford, and it was not mentioned during Telford’s Rule 11 sentencing proceeding.
[¶ 20] In this case, Telford did not get what he bargained for. The addition of a sex offender evaluation and random searches for sexually explicit material were not part of the plea agreement entered *14into between Telford’s attorney and the prosecution. Notwithstanding my belief that Telford did not get what he bargained for, the question that remains is whether the addition of special conditions represented a substantial breach of the plea agreement. See Russo, 2008 ME ¶ 31, 17, 942 A.2d at 699.
[¶ 21] Although Telford’s attorney strenuously argued that the addition of the special conditions violated his plea agreement, I do not believe that the additional conditions would constitute a substantial breach of his plea agreement. The trial court did not make any specific findings regarding Telford’s plea agreement except to state that the absence of a condition requiring a sex offender evaluation was “more of an omission considering the nature of the charges.”
[¶ 22] Telford pleaded guilty to a Class C felony, possession of sexually explicit materials. Facing a maximum sentence of five years, Telford agreed to plead guilty in exchange for the State’s recommendation that he receive a sentence of five years, with all but six months suspended. He was also put on probation for six years with a special condition that he not be allowed to possess a personal computer or related peripherals. In view of the potential sentence that he could have received, the addition of a sex offender evaluation and random searches for pornographic materials cannot be said to be a substantial breach of his plea agreement. Looking at the facts objectively, it is hard to imagine that Telford would not have entered into the plea agreement had these two conditions been required at the time of sentencing.
[¶ 23] Although I agree with the Court’s decision to affirm the judgment, I do not agree with its analysis surrounding the trial court’s obligation to ascertain whether or not a defendant’s plea agreement has been violated. When deciding whether special conditions should be added to the defendant’s probation, and when the defendant alleges that the requested conditions are in violation of a plea agreement, the trial court should always determine whether there is a substantial breach of the plea agreement. The court should not presume that the defendant is charged with the knowledge that special conditions may be added notwithstanding a plea agreement.