Legal Question in Criminal Law in Michigan

Plea Changes

Can a plea agreement be changed at sentencing time?


Asked on 7/29/08, 5:25 pm

3 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Plea Changes

In state court, a plea agreement can be changed at sentencing if the prosecutor, defendant and the judge agree to it. But, between the prosecutor and the defendant ... one has to wonder how a change would benefit both sides at that stage of the game. Theoretically, it's possible, such as when the defendant picks up new charges and the deal is expanded to include the new charges, etc.

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Answered on 7/30/08, 8:21 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Plea Changes

Possilby, depending on the exact facts and circumstances of your case, and the willingness of the prosecutor and judge to hear your reasons why the plea should be changed, etc. I suggest you hire a lawyer to make sure this is handled properly.

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Answered on 8/03/08, 1:54 am
William Morrison Action Defense Center

Re: Plea Changes

In Federal court, almost never. In other state courts, it depends.

If you had what's known as a Cobbs agreement and the sentence recommendation exceeds the agreement, you are allowed to withdraw your plea.

Otherwise, a plea agreement can be changed (i.e. withdrawn) only for "good cause". Judges have limited discretion in determining cause. Usually, its seldom determined.

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Answered on 7/29/08, 10:08 pm


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