8.6​Plea Agreements

If there is any plea agreement, the court must confirm the agreement on the record and ask the juvenile if any promises have been made beyond those in the agreement or if anyone has threatened the juvenile. MCR 3.941(C)(2)(a)-(b).

Once the court accepts a plea induced by a plea agreement, the terms of the agreement must be fulfilled. Santobello v New York, 404 US 257, 262 (1971). See also In re Robinson, 180 Mich App 454, 459 (1989) (a juvenile delinquency case relying on Santobello, 404 US 257), where the Court of Appeals stated:

“A defendant’s rights under Santobello v New York, 404 US 257 (1971), to have the prosecutor perform his [or her] promise in a plea bargaining agreement does not inure to a defendant until after he [or she] has pled guilty or performed part of the plea agreement to his [or her] prejudice in reliance upon the agreement. Santobello and its progeny do not involve court-compelled performance of a tentative agreement from which the prosecutor has withdrawn prior to judicial approval.” (Internal citation omitted.)