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Killebrew Plea: A Comprehensive Guide to Conditional Guilty Pleas
Definition & Meaning
A Killebrew plea is a type of conditional guilty plea that allows a defendant to plead guilty while retaining the option to withdraw that plea if the judge imposes a sentence that exceeds the terms agreed upon by the prosecution and defense. This term comes from the case People v. Killebrew, 416 Mich 189 (1992). In such agreements, the judge is informed of the sentencing expectations before the plea is entered, but they are not obligated to follow these terms when determining the final sentence.
Table of content
Legal Use & context
Killebrew pleas are primarily used in criminal law. They provide defendants with a way to secure a plea agreement while still having the flexibility to withdraw their plea under certain conditions. This can be particularly useful in cases where the defendant is uncertain about the potential sentence they might receive. Users can manage their legal situations more effectively with the right tools, such as legal templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A defendant pleads guilty to a theft charge with the understanding that the prosecutor will recommend a six-month sentence. If the judge decides to impose a one-year sentence instead, the defendant can withdraw their guilty plea.
Example 2: A defendant enters a Killebrew plea for a drug-related offense, expecting a sentence of probation. If the judge imposes jail time, the defendant has the option to retract their plea. (hypothetical example)
Relevant laws & statutes
The Killebrew plea is primarily associated with the case People v. Killebrew, 416 Mich 189 (1992). This case established the framework for conditional guilty pleas in Michigan. Other jurisdictions may have similar provisions but may not specifically reference Killebrew.
State-by-state differences
Examples of state differences (not exhaustive):
State
Details
Michigan
Killebrew pleas are formally recognized and governed by the case law established in People v. Killebrew.
California
Conditional pleas are allowed, but specific procedures may differ from Michigan's Killebrew framework.
New York
Conditional pleas are recognized, but the process and terms might vary significantly.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Killebrew plea
A conditional guilty plea allowing withdrawal if the sentence exceeds agreed terms.
Specific to sentencing expectations; involves a judge's discretion.
Plea bargain
An agreement between the defendant and prosecutor for a lesser charge or sentence.
Not necessarily conditional; may not allow withdrawal based on sentencing.
Alford plea
A plea where a defendant maintains innocence but accepts a guilty plea to avoid trial.
Does not involve conditional terms related to sentencing expectations.
Common misunderstandings
What to do if this term applies to you
If you are considering a Killebrew plea, it is essential to understand the terms and implications fully. Here are steps you can take:
Consult with a legal professional to discuss your case and the potential outcomes.
Review the terms of the plea agreement carefully to ensure you understand your rights.
Consider using legal form templates from US Legal Forms to help navigate the process.
If the situation is complex, seek professional legal assistance to ensure your interests are protected.
Find the legal form that fits your case
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