My question involves criminal law for the state of: Iowa
In the Code section on Theft, the Iowa Code states:
If money or property is stolen from the same person or location by two or more acts, or
from different persons by two or more acts which occur in approximately the same location
or time period, or from different locations by two or more acts within a thirty-day period,
so that the thefts are attributable to a single scheme, plan, or conspiracy, these acts may be
considered a single theft and the value may be the total value of all the property stolen.
So, who determines whether a number of thefts are "attributable to a single scheme, plan, or conspiracy"?
Is this something that the Prosecutor or Judge has to positively affirm? Or if only one count is charged for 2 or more acts or incidents in the complaint, and this is accepted by the Prosecutor and Court, that is what is being asserted?
Thanks
In the Code section on Theft, the Iowa Code states:
If money or property is stolen from the same person or location by two or more acts, or
from different persons by two or more acts which occur in approximately the same location
or time period, or from different locations by two or more acts within a thirty-day period,
so that the thefts are attributable to a single scheme, plan, or conspiracy, these acts may be
considered a single theft and the value may be the total value of all the property stolen.
So, who determines whether a number of thefts are "attributable to a single scheme, plan, or conspiracy"?
Is this something that the Prosecutor or Judge has to positively affirm? Or if only one count is charged for 2 or more acts or incidents in the complaint, and this is accepted by the Prosecutor and Court, that is what is being asserted?
Thanks
Theft and Larceny: When Can Multiple Acts of Theft be Aggregated for a Single Charge
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