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Facing 64 years in prison on charges he stole taxpayer money, spent it on his girlfriends, and then lied to a grand jury, former Strafford County Sheriff Mark Brave is rolling the dice on a possible trial.

Brave did not accept the proposed plea agreement reached in mediation by the court-ordered deadline, meaning the case now moves to a jury trial. Brave had until Friday to accept the deal crafted in mediation with Rockingham County Superior Court by Justice Peter Fauver.

“No Notice of Intent to Plea was filed by the parties by May 24, 2024. Accordingly, we anticipate this matter being placed on the court’s trial track, in accordance with Justice Fauver’s report,” Michael Garrity, spokesperson for the New Hampshire attorney general, told Foster’s Daily Democrat.

The mediation was ordered in the case after Brave and prosecutors came to an impasse in plea negotiations. Brave and his attorney Leif Becker refused the Attorney General Office’s proposal, and the state declined Brave and Becker’s counter agreement.

Veteran defense attorney Mark Sisti, who is not part of Brave’s case, said no party is bound to accept any recommended proposal created during mediation. At the end of the day, the defendant is in control.

“The decisions whether to try a case or not try a case are totally on the shoulders of the defendant,” Sisti said.

While it can sometimes be in the best interest of either the defendant or the state, or occasionally both, to avoid going to trial, judges and lawyers cannot stop a determined defendant. 

It’s unknown what the sticking point might be in the mediated proposal. Fauver’s mediation report is under seal, as are the previously rejected proposals from the state and Brave. Sisti said that in these situations there is usually something the accused doesn’t like.

“There must have been a point the defendant couldn’t accept,” Sisti said. 

Sentences in criminal theft cases typically result in restitution orders that require the defendant to pay back the stolen money. Some prison time is also common in cases with multiple felonies, though defendants taking plea agreements generally get shorter stays in lock up as one of the benefits.

Plea agreements save time in court and money for the state and defendant, as well as allowing both parties to avoid the risk of losing a jury trial. Juries are often seen as unpredictable by prosecutors and defense attorneys. 

Judges impose the sentences when the jury is done, and convictions after a trial generally result in significantly more prison time.

Brave is potentially risking a lot by turning down two agreements. He’s charged with several counts of perjury, as well as felony theft and felony falsifying evidence. On top of that, Brave is a less-than-sympathetic character for juries to consider.

The story of a sheriff allegedly maxing out his county-issued credit card to facilitate multiple extramarital affairs is not likely to gain the sympathy of jurors. At one point, Brave admitted to investigators he did not know the name of one of his tryst partners, as there had been so many, according to court records.

While he was being investigated for the alleged thefts, Brave went on a public relations offensive, including playing the race card. Brave made the investigation public knowledge and told media that Strafford County Commissioners were harassing and bullying him, accusing one of being a racist.

After he was charged last year, Brave was caught violating his bail orders by moving out of state, and lying to the court about his money in order to get a free public defense attorney.

Still, Sisti thinks Brave has options before a jury hears about his alleged misdeeds, and unexpected things happen in the run-up to trials.

“It’s not clear the case will ultimately go to trial. A lot can happen,” Sisti said. 

Accused of using taxpayer money to fund his love life, former Strafford County Sheriff Mark Brave needs more time to go through all the evidence compiled against him.

Brave, who’s facing 64 years in prison if convicted, was due in Rockingham Superior Court this week for a dispositional hearing until his attorney, Leif Becker, got a delay. Becker told Judge Daniel St. Hilaire he needs more to go through the evidence in light of a plea agreement offered by the New Hampshire Attorney General’s Office.

Becker told Foster’s Daily Democrat this week there’s no decision yet by Brave to accept the plea.

“As part of weighing all the options and preparing for trial, we are doing a considerable review of the discovery provided. Given the volume of material, we requested more time. A plea deal was offered, but we have not reached any decisions,” Becker said.

Brave is now scheduled to appear on March 26 once he and Becker have had time to consider the deal in light of the evidence. 

Brave was New Hampshire’s first elected Black sheriff and a rising star in the New Hampshire Democratic Party until his romantic side got caught in a scandal that resulted in felony charges, ended his marriage, and forced him out of the job.

Brave allegedly used his county-issued credit card to fly out of state to meet women, book hotel rooms and restaurants in Boston for trysts, and even take dates to an indoor water park. When the criminal investigation into his credit card use became public, Brave accused fellow Democrat and Strafford County Commissioner George Maglaras of being a racist.

Brave agreed to go on administrative leave this summer after he was indicted, but the trouble did not stop. Brave is accused of lying to the court and violating his bail conditions. 

Brave was allegedly less than truthful about how much money he had after his divorce in order to obtain a free public defender. Instead of using his money for a lawyer, Brave reportedly bought a classic 1968 Porsche and paid $50,000 to rent an apartment in Massachusetts.

When Brave moved to his Tewksbury, Mass. apartment, he was under a bail order to live in New Hampshire. Brave allegedly got around that by giving prosecutors and court officials a false address in Dover.

When that house was discovered, prosecutors told the court Brave was essentially stealing money by collecting his sheriff’s salary while living out of state. Prosecutors wanted his bail revoked, but Brave quit his job in December as part of an agreement to stay out of jail. 

The lawman with a big heart, Mark Brave, could be getting a gift from prosecutors in the form of a plea agreement. Just not on Valentine’s Day as requested. 

The former Strafford County Sheriff is due in Rockingham Superior Court on March 4 for a dispositional hearing, originally scheduled for Tuesday. Facing the deadline, and preparing a plea agreement offer, Assistant Attorney General Joe Fincham asked for a change to Feb. 14 hearing last week.

“The State has not yet provided Defendant with a formal plea offer in this matter due to specific details of the plea not being finalized, but the State anticipates being able to make a formal offer in the next two weeks,” Fincham wrote.

But romance is dead, and proof is the fact the court’s clerk set the date for March.  

Brave is accused of stealing almost $20,000 in taxpayer money to fund his illicit love life and he faces several felony charges connected to his alleged extramarital affair-fueled thefts. 

Brave was New Hampshire’s first elected Black sheriff and a rising star in the state Democratic Party until his self-inflicted scandal forced him out of the job.

Brave allegedly used his county-issued credit card to fly out of state to meet his paramours. He also booked hotel rooms and restaurants in Boston for romantic getaways and even took dates to an indoor water park. When the criminal investigation into his credit card use became public, Brave accused fellow Democrat and Strafford County Commissioner George Maglaras of being a racist. 

Though Brave agreed to go on administrative leave last summer after he was indicted, the trouble did not stop. He is accused of lying to the court and violating his bail conditions. 

Brave was allegedly less than truthful about how much money he had after his divorce in order to obtain a free public defender. Instead of using his money for a lawyer, Brave reportedly bought a classic 1968 Porsche and paid $50,000 to rent an apartment in the Bay State.

At the time Brave moved to his Tewksbury, Mass. apartment, he was under a bail order to live in New Hampshire. Brave allegedly got around that by giving prosecutors and court officials a false address in Dover.

When that house was discovered, Fincham told the court Brave was essentially stealing money by collecting his sheriff’s salary while living out of state. With Fincham demanding his bail be revoked and the prospect of new charges looming, Brave resigned his job last month.