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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-27-2009, 12:59 AM
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Theft, settlement, and plea bargains?


What is the name of your state (only U.S. law)? Iowa

A friend of mine recently got intoxicated and stole some property from a house party. The police recovered and returned most of the property, and the rest was returned in a few days. He admitted to taking the items and wrote them a note telling them he was sorry and would never have done it sober. The owners of the house said they are still going to press charges. The items stolen are valued at around one thousand dollars new.

In our county, there is a voluntary mediation session before the trial. Assuming they are pressing charges, would it be possible that he pays the value of the stolen property (or more) to keep it from going to trial? If they decide to bring it to trial after all, how likely would he be to get a plea bargain? How about a deferred sentence?

As of now he has not received anything in the mail, nor have the police called him. What can he expect?What is the name of your state (only U.S. law)?
  #2  
Old 08-27-2009, 02:51 PM
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It's no longer up to the victims as to whether charges get filed. The Prosecutor's office will look at the police report, and make that decision.

Your friend needs an attorney. And it sounds like AA or IOP would be beneficial.
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  #3  
Old 08-27-2009, 04:13 PM
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I thought that was the case, but the police just made him write a letter saying sorry and said something along the lines of "Hopefully they won't press charges." What could that mean? Also, does it matter that the items were returned within hours of them being taken?
  #4  
Old 08-27-2009, 04:44 PM
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Quote:
Also, does it matter that the items were returned within hours of them being taken?
Uh, you mean, "that the items were returned within hours of the criminal being caught", right? He didn't return the items before the police arrived did he? Voluntary returning might have convinced the victims that he was remorseful, but not returning them after getting caught.

Quote:
but the police just made him write a letter saying sorry and said something along the lines of "Hopefully they won't press charges."
It is doubtful that the police forced him to confess to the crime. It is far more likely that, once he was caught red handed with the stolen items, the police told him the best chance of getting off is to not have the victim press charges. Well it was a good plan, but it didn't work out.
  #5  
Old 08-27-2009, 05:34 PM
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So he's almost certainly going to court. How likely is he to get a plea bargain?
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