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What is a Killebrew Agreement?

February 26, 2013 Criminal Law and Procedure

A Killebrew agreement is plea bargain in which the prosecutor promises the defendant will receive a particular sentence. Plea bargains area  common part of criminal law. A plea bargain is where a person admits guilt in exchange for a benefit in return.

Common plea bargains may involve a guilty plea in exchange for a dismissal of a charge, or a reduction of the charges. Plea bargaining speeds up the disposition of cases, especially where there are no disputed factual matters, reducing backlogs in the courts and jails.

A Killebrew agreement, also known as a sentencing agreement, concerns plea bargains that involve promises by the prosecutor that the defendant will receive a certain sentence. The term comes from case of People v. Killebrew.

A Killebrew agreement enables a defendant who has entered into a sentencing agreement with a prosecutor as part of a plea bargain to withdraw the guilty plea if the judge does not sentence the defendant as anticipated in the plea bargain.

There are several advantages of a Killebrew agreement as part of the plea bargaining process. The agreement introduces a level of certainty into negotiations and therefore facilitates the process. The judge retains the role as a neutral arbiter of the case and eliminates the problems associated with judicial involvement in plea bargaining negotiations. Also, the judge will then be in a better position to evaluate the voluntariness of the plea entered.

More: Information on Criminal Charges in Michigan

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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