Sometimes convention goes out the window. I am currently representing a young client charged with shoplifting. Upon making our initial appearance, it became apparent that the alleged victim in the case, the store where he worked, was not interested in making any positive recommendations to the prosecutor as far as a disposition is concerned.
It may come as a surprise to some that the alleged victim frequently has an active role in the pre-trial negotiations. In many cases, the position of the victim is the most important consideration for the state in making an initial plea offer.
In this particular case, the prosecutor was not willing to downgrade the offense because of the store’s position.