State v. Mr. K (DMC No. 13863)

FELONY THEFT NOT CHARGED – State v. Mr. K (DMC No. 13863) (Yavapai County Sheriff’s Office DR No. 13-011995): A Yavapai County Sheriff’s Deputy came to Mr. K home indicating he was investigating a Theft per Arizona Revised Statute ARS 13-1802. Mr. K voluntarily went to the police department and participated in a post-Miranda interview. During this interview Mr. K made incriminating statements. After the interview, he was booked into custody and subsequently released. After being released, he contacted our office.

After retaining our office, it was discovered that the Yavapai County Attorney’s Office had “furthered” the case for additional information and was not going to be proceeding with the felony charges at that time. At this time, we met with our Pre-charge team and discussed the steps we could take under the circumstances. We determined that we would obtain a copy of the police report and then reach out to the Prosecutor’s office to try to ascertain a “misdemeanor compromise”, or something which would preclude felony charges from being filed.

After receiving a copy of the police report, we reached out to the County Yavapai Attorney’s Office regarding status of the case. After multiple calls to the County Attorney’s Office, in an attempt to speak with the reviewing attorney, it was discovered the case was still under investigation. Finally, fifteen months after retaining our office, we were able to speak with the assigned County Attorney, regarding their intentions with the case. He had indicated that the case had been sent back for additional information to the police, however, he had not heard back from the Officers. We discussed a potential financial compromise, however the Prosecutor indicated they do not normally do those. By the end to the conversation with the Prosecutor, he had agreed that he would not follow up with the Officer and would let the file sit. He indicated the only way that charges would potentially come is if the Officer recontacted him. No charges were ever filed.

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