How does plea bargaining work in Michigan?

1. Constitutional Framework

The Sixth Amendment guarantees effective counsel during plea bargaining (Lafler v. Cooper, 2012 — a Michigan case; Missouri v. Frye). Pleas must be knowing, intelligent, voluntary (Boykin v. Alabama; People v. Cole).

2. Types of Pleas

Michigan recognizes guilty (MCR 6.302), nolo contendere with the court's consent (MCR 6.301(B)), and Alford-type pleas. A nolo plea may be appropriate where the defendant cannot remember events or wishes to avoid civil admission.

3. Charge vs Sentence Bargaining

Both occur. Cobbs and Killebrew agreements are distinctive Michigan devices: Cobbs (People v. Cobbs) is a preliminary sentence evaluation by the judge; Killebrew (People v. Killebrew) is a prosecutor sentence recommendation the court is not bound by.

4. Judicial Role

Under Cobbs, the judge may state a preliminary sentence evaluation at a party's request; if the eventual sentence exceeds the evaluation, the defendant has an absolute right to withdraw.

5. Plea Colloquy

MCR 6.302 requires the court to ensure the plea is understanding, voluntary, and accurate, including advice on the nature of the charge, maximum and any mandatory minimum sentence, rights waived, and immigration consequences (Padilla v. Kentucky; People v. Davidovich).

6. Withdrawal of Plea

Pre-sentence: MCR 6.310(B) permits withdrawal in the court's discretion in the interest of justice. Post-sentence: MCR 6.310(C) requires showing of an error in the plea proceedings.

7. Conditional Pleas

MCR 6.301(C)(2) permits a conditional plea preserving identified pretrial issues for appeal, with prosecutor and court consent.

8. Sentence Recommendation vs Bargain

Under Cobbs, the defendant may withdraw if the sentence exceeds the evaluation. Under Killebrew, the prosecutor's recommendation does not bind the court and ordinarily creates no withdrawal right.

9. Plea Statistics

About 94-96% of Michigan felony convictions are by plea.

This is legal information, not legal advice.