The Sentence Agreement is a friend of the criminal defense lawyer. A sentence agreement is a concept that can take the guessing out of what sentence a defendant will receive when a plea is made. The two types of sentence agreements that are used in the state of Michigan are the Killebrew and the Cobbs Agreement.
At first glance, the terms Killebrew and Cobbs sound like the names of famous baseball players (Ty Cobb and Harmon Killebrew. The difference between the two agreements can be the difference between freedom and incarceration. Let’s begin by discussing the less powerful of the two concepts: The Killebrew Agreement.
The Killebrew Agreement is an agreement between the prosecutor and the defense attorney. The plea deal will be presented to the sentencing judge after the Presentence Investigation Report (PSI) is completed. If the judge refuses to follow the agreement, the defendant has a right to withdraw the plea and pursue a trial.