06
Charging & sentencing overreach
Punishment should reflect proven conduct—not leverage, prejudice, or retaliation
Overcharging, stacking charges, coercive plea pressure, and excessive or unequal sentences can turn prosecutorial and judicial discretion into punishment beyond what the facts fairly support. Similar conduct should not produce drastically different outcomes because of race, wealth, geography, disability, or the decision to exercise a constitutional right.
What failure can look like
- Multiple or inflated charges used primarily to pressure a guilty plea
- A harsher charge or sentence after asserting a right, rejecting a plea, or challenging official conduct
- Large sentencing differences between similarly situated people without a clear, lawful explanation
Protect the record
Preserve charging documents, plea offers, sentencing memoranda, guideline calculations, hearing transcripts, stated reasons for the sentence, and comparable case outcomes. Do not discuss an active case publicly; consult qualified defense or appellate counsel promptly.