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Can a judge change his mind after he and the defendant sign a Cobbs agreement? Is it legal to charge him with 2 counts ?

Mount Clemens, MI |

My husband has been charged with 2 counts of armed robbery for the same crime. This is his first offense.. He agreed to a cobbs agreement to 30-36 months but on the day of sentencing the judge changed it to 10yrs. However my husband withdrew his plea and asked for a trail with hopes of being offered a better deal.

Attorney Answers 5


  1. Best answer

    A Cobb's agreement is a an agreement to allow the defendant to withdraw his plea if the judge cannot follow the original sentence agreement. It sounds as if the Cobb's in your husband's case worked as it was intended. My guess as to the robbery is that there was one act but two "victims." A separate count can be charged for each person who was robbed even though there was only one act.


  2. I cannot make sense of your question, and yes it is possible to be charged with more than on count as a reselt of a single incident, but not multiples of the same crime. Ask his attorney Ito explain to you what is going on, that is your best source of information.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


  3. I agree with the other attorneys. Any questions or concerns you have with your husband's case should be directed toward your husband's attorney.

    Tara Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Nichol and any readers or subscribers to avvo.com. Tara Nichol Managing Attorney at Nichol & Doering, PLLC East Lansing, MI (517) 583-0520 **FREE 1 HOUR CONSULTATIONS.**


  4. The other attorneys are right. You can be charged with separate counts for each person robbed.

    Michael Breczinski
    Attorney
    5005 Lapeer Road
    Burton, MI 48509


  5. He can be charged with multiple counts, although the sentences will usually run concurrently (the time spent in prison counts against both sentences). The only purpose and effect of a Cobb agreement is that, if the judge exceeds the maximum agreed sentence, the Defendant can withdraw the plea and go to trial.

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