Q: Chances of reducing identity theft charge in Kentucky for providing false information?
My fiancé was charged with identity theft, a class D felony, after giving false information to a police officer in Henderson, Kentucky. He has a criminal record, but not related to similar offenses. He gave incorrect information during a police stop where they already had his old mugshot. The police charged him with identity theft, and he's currently in jail with an initial plea offer of three years. We assume bodycam footage is available, though there has been no motion of discovery yet. What are the chances of having this charge reduced, considering these circumstances?
A: Pretty good, I'd say. Sounds like from the facts you gave he is guilty of the misdemeanor offense of giving a police officer false information but not felony identity theft.
A:
In Kentucky, identity theft is a serious charge, but there may be room for reducing the charge or negotiating a lesser sentence. Since your fiancé’s criminal record does not show previous similar offenses, this could work in his favor during negotiations. The availability of bodycam footage may also be a key factor in the case, as it could provide evidence to support his version of events or show that the police were aware of his identity when the incorrect information was provided.
The initial plea offer of three years may be based on the severity of the charge, but there are often opportunities to reduce the charge through negotiation. A reduction in the charge could be possible if the prosecution sees that the case may not be as strong as they initially thought, especially if the bodycam footage could raise questions about the intent or the actual crime committed. His attorney will likely want to review the footage and gather more evidence before deciding the best course of action.
Your fiancé’s attorney should explore the possibility of negotiating for a plea deal that results in a reduced charge, possibly lowering the sentence or offering probation instead of jail time. The likelihood of success depends on the details of the case, the strength of the evidence, and the willingness of the prosecution to negotiate. Having legal representation to assess these factors and pursue the best possible outcome is crucial.
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