Agreement says she will be allowed to request deferred judgment
Rachel Ann Fries, 27, of Denison, entered a plea of guilty to theft in the 1st degree in a case that involved her former employer, Siemer Plumbing and Heating, of Denison.
The plea document was filed in district court in Crawford County on Tuesday.
Fries had been arrested on a warrant on July 6 last year and charged with nine felonies for actions that began in December 2019 and continued through her time of employment with Siemer Plumbing and Heating, which ended in May 2020.
The charge to which Fries pleaded guilty involves the misappropriation of property in excess of $10,000.
The document filed in district court on Tuesday says that at her sentencing, set for 10 a.m. on June 21, Fries will be allowed to request a deferred judgment and the prosecution will recommend whatever is in the presentence investigation.
At the sentencing, the prosecution will present its restitution evidence and counts 1 and 2 and 4-9 will be dismissed.
Count 1 is ongoing criminal conduct – unlawful activity, a class B felony. Count 2 is unauthorized use of a credit card in an amount over $10,000, a class C felony. Counts 4-9 are forgery, all class D felonies.
The plea document says that Fries has to agree to understanding a number of conditions, as follow.
That the court is not bound by the plea agreement and may sentence her up to the maximum sentence provided by law, and if the court does not accept the plea agreement, Fries may withdraw her guilty plea.
That the maximum sentence for the charge to which she is pleading guilty is a prison term of not more than 10 years and a fine of not more than $13,600 and a minimum fine of $1,375.
If the deferred judgment is granted, a civil penalty of $687.50 will be assessed.
She will pay a 15% crime services surcharge unless the fine or penalty are suspended.
That she waives her right to make a statement to the court prior to sentencing in mitigation of punishment.
That she has no right of appeal of a guilty plea except if she alleges good cause and/or a defect in the plea proceeding or improper denial of a motion in arrest of judgment, she will have 30 days to file a written application for permission to appeal and an application to authorize a transcript prepared at state expense.
That she may be assessed restitution for her legal defense, crime victim assistance reimbursement, court costs, contribution to a local anticrime organization or restitution to the medical assistance program. Fries agreed that she is reasonably able to pay the costs and contributions listed above.