kingcuppie
Member
What is the name of your state (only U.S. law)? PA
this is regarding federal law and asking for anyone that has had to deal
with this possibly.
Someone I know is charged with identity theft and related crimes, but because they have no prior convictions, and because they are eligible for a total of a 3 level reduction, their base offence level ends up at a level 10
which is in zone B which means in this zone, the guidline has a sentence of 6-12 months but in zone b , it doesnt have to be served in jail, it can be probation among other things so thats great
BUT
because of the aggravated identity theft charge, it has a requirement
of a mandatory 2 years imprisonment and his attorney said the prosecuting attorney has been unwilling in recent cases to withdraw that charge but he did say hes trying to get that withdrawn in another case.
I am trying to think of a way to get the prosecutor to drop this charge
and wanted to see if anyoner thinks either of these ideas could possibly work.
the first one is this person has 9 victims, which when i looked up what could increase the level of his crime by 2 levels, the guildines said if the person has 10 or more victims, then increase the level by 2 so thats the first theory i would offer up to the prosecutor that the defendant did not have an aggregious amount of victims. what do you (anyone here) think???
my second idea is , the defendant owes the victims roughly 38 thousand,
so i wonder if the prosecutor would drop the aggravated identity theft charge
if the denfendant would pay UPFRONT the 38 thousand back before the plea is done. im thinking this idea has a chance as the defendents attorney said its extremelty rare that a defendent ever can pay back the full restitution before a plea is made. what do you (anyone here think) of that idea?
i think these are the only 2 ideas that might work and wanted feedback.
thanks
this is regarding federal law and asking for anyone that has had to deal
with this possibly.
Someone I know is charged with identity theft and related crimes, but because they have no prior convictions, and because they are eligible for a total of a 3 level reduction, their base offence level ends up at a level 10
which is in zone B which means in this zone, the guidline has a sentence of 6-12 months but in zone b , it doesnt have to be served in jail, it can be probation among other things so thats great
BUT
because of the aggravated identity theft charge, it has a requirement
of a mandatory 2 years imprisonment and his attorney said the prosecuting attorney has been unwilling in recent cases to withdraw that charge but he did say hes trying to get that withdrawn in another case.
I am trying to think of a way to get the prosecutor to drop this charge
and wanted to see if anyoner thinks either of these ideas could possibly work.
the first one is this person has 9 victims, which when i looked up what could increase the level of his crime by 2 levels, the guildines said if the person has 10 or more victims, then increase the level by 2 so thats the first theory i would offer up to the prosecutor that the defendant did not have an aggregious amount of victims. what do you (anyone here) think???
my second idea is , the defendant owes the victims roughly 38 thousand,
so i wonder if the prosecutor would drop the aggravated identity theft charge
if the denfendant would pay UPFRONT the 38 thousand back before the plea is done. im thinking this idea has a chance as the defendents attorney said its extremelty rare that a defendent ever can pay back the full restitution before a plea is made. what do you (anyone here think) of that idea?
i think these are the only 2 ideas that might work and wanted feedback.
thanks
