Being Over-Charged For A Crime--What To Know And What To Do

You look at the charges you are facing and feel disbelief. It seems that the prosecutor has "thrown the book at you." What is going on, and what should you do?

Why This Happens Quite Often

There are several reasons why a prosecutor may pile on the charges or make them more severe than they should be.

These reasons may be:

• The state statute(s) may give some leeway on whether to make the charge(s) a misdemeanor or a felony. These type of laws are called "wobblers."
• It would encourage you to take a plea deal (or even testify against someone else) if they dropped/lowered the extra charges and might even make you feel grateful for the offer. 
• The prosecutor may be motivated by a possibly unfair account from the police about what happened.
• The more severe the charges, the harder it would be for you to afford to bail out of jail. This would also increase the chance you would agree to a plea bargain.
• If there are victims, they and/or their family members may be pressuring the prosecutor to be tough on you.
• Politics may be a factor and certain victim's rights groups may also be adding pressure.
• If there is a possibility that you could sue the jurisdiction where you received the charges, they may be used as leverage to get you to agree not to bring a civil suit against them.
• You can receive more than one charge for a single crime.
• It is easier for a prosecutor to drop a charge from a complaint than to add one.

What You Can Do

If you are about to be charged with serious crimes, the prosecutor may take your case before a grand jury and is required to show probable cause for the charges. This is a secret hearing that you probably won't be invited to appear for, but it can provide some protection against prosecutorial overreach. The grand jury can choose to indict you or reject doing so, in which case the prosecutor may choose to charge you anyway or bring more evidence in before the jury. You and your attorney are entitled to a transcript of the proceeding which can be helpful to prepare a defense against the evidence presented, if you go to trial.

If the prosecutor elects to present evidence for charges at a public preliminary hearing, they will have to convince a judge that there is enough evidence to proceed. At this hearing you would be present and could cross-examine any witnesses that appear. The judge may reject or reduce the charges because they believe the evidence is lacking or they recognize that the charges are not accurate for the alleged crime.

You should avoid being hasty about accepting any pleas or signing agreements not to pursue a civil suit. You will want to hire a criminal defense lawyer to advise you on your rights and the fairness of the charges against you. They can develop an effective defense strategy to help you fight them, plus they will also advise you on whether any plea agreement offer is truly fair and worth considering. 

Contact professionals like Fadely Lewis PLLC to learn more.

Share