In Georgia’s criminal justice system, plea bargaining is a common practice, resolving many cases without trial. However, some prosecutors may employ a tactic known as “overcharging” in an attempt to gain leverage in these negotiations.
Here, we’ll talk more about what “overcharging” means in this context and what you need to know if you’re facing criminal charges in Georgia.
What Is Overcharging?
Overcharging occurs when prosecutors file more severe charges than the evidence supports. The goal is to pressure defendants into accepting plea deals.
This practice can take two forms:
- Vertical Overcharging: Charging a more serious offense than warranted by the facts.
- Horizontal Overcharging: Filing multiple charges for the same conduct, increasing potential penalties.
Both strategies can intimidate defendants, leading them to plead guilty to lesser charges to avoid the risk of harsher sentences at trial.
The Impact on Defendants
Naturally, overcharging can seriously affect a defendant’s decision-making.
Here are a few examples of the impact it can have:
- Increased Pressure: Facing severe charges can compel defendants to accept plea deals, even if the evidence is weak.
- Risk of Unjust Outcomes: Defendants may plead guilty to offenses they didn’t commit to avoid the uncertainty of trial.
- Erosion of Rights: The practice can undermine the right to a fair trial, as the fear of severe penalties may deter defendants from exercising this right.
Legal and Ethical Considerations
While overcharging is not explicitly prohibited, it raises ethical concerns. The American Bar Association is known to discourage overcharging, emphasizing that charges should reflect the defendant’s conduct and the evidence available; however, it is not outright prohibited.
Courts typically require probable cause for charges, but the threshold is low, allowing overcharging to persist.
This underscores the need for aggressive legal representation—an experienced defense lawyer can identify when the prosecution is leveraging inflated charges and push back through pretrial motions, strategic negotiations, or challenging the case in court.
Without a strong defense, a defendant may feel pressured into pleading guilty simply to avoid the risk of an even harsher outcome at trial.
Defending Against Overcharging
If you believe you’ve been overcharged, consider the following steps:
- Consult an Experienced Attorney: A knowledgeable defense lawyer can assess the charges and evidence, advising on the best course of action.
- Challenge the Charges: Your attorney can file motions to dismiss unsupported charges, aiming to reduce the case to its appropriate scope.
- Negotiate Strategically: Understanding the prosecution’s tactics can inform a more effective negotiation strategy, potentially leading to more favorable outcomes.
Speak with a Macon Criminal Defense Attorney Now
Overcharging can significantly impact the fairness of plea negotiations in middle Georgia. Being aware of this tactic and seeking competent legal counsel can help protect your rights and ensure a just process.
Contact Gregory Bushway of Bushway Law Firm for a consultation if you’re facing criminal charges and suspect overcharging. Our experience in Georgia’s legal system positions us to advocate effectively on your behalf.
