After pointing out a weakness in a prosecutor's criminal case against a Georgia man accused of mail theft, a defense attorney was able to negotiate a plea deal that reduced 51 charges down to two misdemeanors.

Xavier Ferguson, 25, of Jonesboro pleaded guilty Tuesday to conspiracy to commit theft and theft, both misdemeanors, and Common Pleas Judge Timothy McCune sentenced him to three to 12 months in jail followed by one year of probation. Having served four months in jail, Ferguson was immediately paroled. Assistant District Attorney Ben Simon told McCune that Tuesday's hearing was scheduled for arguments to be made in the case but, Simon said, he decided to offer Ferguson a deal after he reviewed court filings made by Ferguson's lawyer, Gary Gerson.

In Gerson's filing made last month, the Pittsburgh-based lawyer argued that Cranberry Township Police engaged in “illegal search and seizure” of items found in a hotel where Ferguson was staying March 2, 2019. Ferguson was arrested the day before, along with his co-defendant Quentavious Price, 32, of Lithonia, Ga. Price's case remains active.

Gerson states in his filing police did not have sufficient probable cause for the search warrant and so the items seized in the Red Roof Inn were “the fruit of the poisonous tree.”

Rather than argue the point, Simon offered Ferguson a plea deal Tuesday. Ferguson originally faced 22 counts of forgery, 21 counts of using an access device, theft by unlawful taking, receiving stolen property, providing false identification, possessing an instrument of crime, and four various conspiracy charges.

According to criminal complaints filed last year by Cranberry Township police, officers received a complaint March 1 of people stealing mail from boxes on Route 19 near Manor Drive. Witnesses gave officers cell phone photos of the vehicle involved in the incident.

But in the Cranberry Township Police's affidavit, they only write that “it was discovered that Ferguson and Price were staying at the Red Roof Inn.” Gerson argued in his court filings that this doesn't satisfy the probable cause standard.

In the hotel, police said they seized 22 counterfeit checks for a total of $53,500.03 and an electric typewriter.

Simon declined to comment on Gerson's filing, but said the plea deal “satisfies the commonwealth's pursuit of justice.”

He continued, “(Ferguson) is taking steps to better his life.” As part of his plea deal, Ferguson must serve 50 hours of community service. McCune was unopposed to Ferguson's desire to transfer the supervision to Georgia.