Re: Can a Da Be Charged with Extortion by Changing a Plea Bargain
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Quoting
Helpx123098
Right, again I am not arguing the fact the DA can change a plea bargain. I have a lawyer. I am not arguing that these misdemeanors COULD be felonies. I am asking that by the DA NOT charging me in the first place then stating that if I don't accept this they will bring more charges and more fines against me, would that not constitute extortion ? The DA did not have to say anything, they could have just charged felonies and done it the way they are already allowed to right ??
It's not extortion; the DA is not doing this to get money from you for himself. Rather this is simply part of the process of negotiating what kind of plea deal you might be able to reach. The DA is simply telling you what he/she will do if a plea deal is not reached, and there is nothing remotely illegal about that. I get that you want a better deal and potentially facing more serious charges makes it harder to walk away from what the DA is offering, but that’s how these things go. The issue for the DA is whether he or she has the evidence to support the charges he/she wishes to bring. So long as he/she does, there is no ethical problem in bringing them.
Also, consider this: who would prosecute the DA for your alleged extortion? Right, that decision gets made by the DA or the state attorney general, neither of whom would go down the line of argument you are trying to make.