Warriors In The Criminal Defense Arena

Why DAs overcharge in criminal cases

On Behalf of | Jan 25, 2024 | Criminal Defense |

In the realm of criminal justice, it is not uncommon for district attorneys to pursue charges that may seem excessive at first glance.

Understanding why DAs overcharge in criminal cases involves delving into various aspects of the legal system.

Negotiation leverage

District attorneys often pursue multiple charges against a defendant to gain negotiation leverage. By presenting a range of charges, they seek to encourage the accused to accept a plea deal for a lesser offense. This strategy may prevent a lengthy trial.

Ensuring conviction

When they view crime statistics, DAs may feel overwhelmed to get a conviction. Overcharging can be a tactic that promotes a conviction, especially when the evidence is not overwhelmingly strong. By including multiple charges, DAs increase the likelihood that at least one charge will stick, resulting in a conviction.

Sending a message

DAs may overcharge to send a strong message to the community about the severity of certain behaviors. This can act as a deterrent, discouraging others from engaging in similar criminal activities. The aim is to create a safer community through the perception of strict consequences.

Resource allocation

Limited resources in the legal system can influence the decision to overcharge. District attorneys may be aware that some charges are unlikely to succeed, but by including them, they allocate resources, including investigation resources, more effectively. This approach may prioritize certain cases over others.

Mandatory minimum sentences

In jurisdictions with mandatory minimum sentences, prosecutors may feel compelled to file more serious charges to ensure that the accused receives a certain level of punishment, even if they believe a lesser charge might be more appropriate.

In some cases, there may be insufficient oversight or accountability measures to prevent overcharging. Prosecutors might feel motivated by career advancement, public perception or other factors that prioritize conviction rates over fairness.