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.734-883-9584 or at firstname.lastname@example.org to speak with attorney Sam Bernstein.