Can I get a third degree felony reduced for theft?

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Can I get a third degree felony reduced for theft?

I sent an empty box to someone in TX who bought something from me on eBay for $1,400. However I never got any money from it. PayPal put it in my account for a few days on hold and then took it right out of my account. So I never saw any money from this. I know it was wrong. I want to know if I can plead not guilty or have the charges reduced. I don’t want to go to jail. I have one prior from 6 years ago.

Asked on August 26, 2010 under Criminal Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can always  plead "not guilty."  That is your right.  But I would strongly suggest that you seek help from an attorney in your area to discuss your option.  Having a matter "reduced" takes a lot of know how and a good deal amount of respect that the Prosecutor has for the Defense attorney.  You are also going to have to prove that you are worthy of the reduction, possibly by doing something positive in this whole matter, whatever that may be. Your state may have strict guidelines that will not allow the Prosecutor to make any offer and know that the Judge is not bound by any deals that you make with the Prosecutor.  The Prosecutor can only "recommend" a sentence.  He or she does not impose them.  Good luck.


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