State prosecutors can bring theft allegations for various circumstances. People can face criminal charges over alleged shoplifting incidents, burglaries or face-to-face robberies. In some cases, those accused of a theft offense can assertively defend against those allegations. They may be able to prove, for example, that they were not the party involved in the incident. Other times, a plea bargain may be the best option available.
Unlike a basic guilty plea, a plea bargain is a written arrangement negotiated with prosecutors. Prosecutors may agree to report a conviction to a lesser offense, limit the potential penalties or exclude certain information from public disclosure in a plea bargain scenario. What are some of the reasons that defendants might want to negotiate a plea bargain instead of mounting a defense or pleading guilty?
When they face felony charges
Any criminal offense can limit an individual’s future opportunities, but felony offenses have the strongest negative effect on individuals. Factors including the type of property stolen, the status of the party victimized by the theft offense and the overall value of the stolen items can influence whether the state pursues misdemeanor or felony charges.
Once the overall value of the property reaches $750, felony theft charges are likely. Felony charges tend to have a major chilling effect on people’s professional opportunities and educational prospects. Negotiating a plea bargain when facing felony theft offenses can result in a misdemeanor on an individual’s record and reduced penalties.
When they can provide insight
Theft offenses do not occur in a vacuum. Instead, they often relate to other criminal activity. Someone allegedly stealing merchandise from businesses may sell those items to others who have a distribution network in place. Some people commit theft offenses to fund a substance abuse disorder.
If a defendant accused of a theft offense has information about other, more significant criminal activity, authorities may eagerly cooperate with them to address the organized or more serious criminal activities taking place.
When the state has strong evidence
If all the prosecutor has is a blurry, digitally-enhanced security camera image as evidence, a defendant may have a reasonable chance of avoiding a conviction.
On the other hand, if there are multiple witnesses and high-resolution video footage that clearly shows the defendant’s face, successfully fighting charges could be relatively difficult. A plea bargain is a reasonable option in cases where pursuing exoneration is an unrealistic goal.
Discussing the circumstances that led to pending theft charges can help defendants determine whether fighting back or negotiating is the best strategy. A plea bargain may help people move on after a mistake that results in their prosecution.