Criminal Procedure - What happens at a Cobb's hearing in criminal court?

Question

I am trying to find out what happens at a Cobb's hearing in criminal court?  I assume that this is a hearing before a circuit court judge, but have no idea for what purpose.  Could you give me some background?

Answer

A Cobb's agreement is between the judge and the defendant as to a specific sentence in exchange for a plea.  The difference between a Cobb's plea and a regular plea agreement is the involvement of the sentencing judge in the discussion.  A Cobb's hearing is one where the defense attorney, prosecutor, and judge get together to discuss the case and what the judge would sentence under the plea agreement.  All plea bargains are dependent on a number of factors.  A defendant may withdraw his/her plea if the sentence differs from the agreement.

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Last Updated:  8-9-08

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