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Steinlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 1811
Experience:  I have represented individuals accused of crimes.
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If a U.S. Attorney, is charging someone with a crime that hold

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If a U.S. Attorney, is charging someone with a crime that hold a minimum sentence of 10yrs, but can charge him with a lesser crime and isn't, and threatens to add a couple of more charges so that he can add yrs on if the accused doesn't plead guilty. Is that possible and can the defense argue that in other words why is he charging the more serious charge when he can charge the accused with a lesser charge. He doesn't have the final word right. and if the defense does nothing the accused is not being properly represented right?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Steinlaw replied 7 years ago.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you have put all of the information in your question. Also, due to site reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, there may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

What you are describing is a common negotiating strategy for prosecutors. They overcharge a crime and then threaten to add other crimes in if a plea is not reached. You cannot argue this to a jury. It is not admissible. Your attorney should advise you on the likelihood of a conviction and whether you should take the plea.

Good luck.

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Customer: replied 7 years ago.
There was no plea he offered the minimum sentence botXXXXX XXXXXne
Expert:  Steinlaw replied 7 years ago.
Then that is his offer. It is a bad offer. You should ask the judge for a settlement conference or mediation to see if the judge can put some pressure on the US Attorney to make a better offer.
Customer: replied 7 years ago.
So even though he can charge a lesser charge and i'm sure the judge already knows that just by looking at the file the attorney has the last say whether it be right or wrong
Expert:  Steinlaw replied 7 years ago.
The charging decision rests solely with the prosecuting attorney. He can charge anything he thinks he can prove. The judge, however, can influence plea negotiations.
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