Charged With A Crime? It Doesn’t Mean You’re Guilty.

Bullying and Over Charging by District Attorneys

| Sep 17, 2014 | District Attorneys |

We frequently see District Attorneys overcharge clients at the outset of a case. It is a bit frustrating, but we’ve learned to accept it. Today there is a new trend, however, and it smells like bullying.

A Recent Example of District Attorney Bullying

When a defendant in a criminal case with charges like Resisting Arrest or Obstruction of a Peace Officer decides to go to trial, DAs and City Attorneys have a new plan to get our clients to plead guilty. They add more charges – remote charges, but serious charges. I recently saw this in Denver County Court where a client had a reckless driving charge. After it was set for trial, the District Attorney added two new charges: false imprisonment and menacing. Tell me what these two charges have to do with a car accident. How can you falsely imprison someone with your car? How can you menace them with a car? The addition of these two charges was made for one reason: to bully my client into accepting a plea deal.

District Attorneys and City Attorneys have no problem using the power of their office to force people into plea deals. They don’t want to go to trial if they can help it. Particularly in Denver, prosecutors are overwhelmed with cases. They and the Denver Police Department are barely keeping a lid on crime. So, when a defendant has the guts to say “no, I did nothing wrong and will require the government to prove their case Beyond a Reasonable Doubt to a jury of my peers,” the government makes threats. They add charges which would be hard to prove, but if they can prove them, might result in a jail sentence.

High School Bullies Looks a Lot Like District Attorney Bullies

It is shameful for our government to use these bullying tactics. They remind me of the bully in high school who was bigger than me. He used his size to intimidate smaller kids. It works the same way in the criminal “justice” system across Colorado – from Arapahoe County to Jefferson County. District Attorneys resent it when a defendant fights back. DAs are used to defense attorneys who lay down and accept poor quality plea offers. They work with public defenders who are so busy they must plea bargain a large percentage of their cases. Only when defense lawyers in Adams and Douglas County fight back and press a case to trial, is justice served.

If you are tired of being pushed around by the system and feel like you are being bullied by a City Attorney in Aurora or a District Attorney in Denver, call our law office at 303-731-0719. Together, we can protect your future.