Can You Get a Prosecutor Charged With Extortion for Changing a Plea Offer

[Helpx123098]

My question involves criminal law for the state of: Oregon

According to Oregon State Law --

164.075 Theft by extortion. (1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:
(a) Cause physical injury to some person;
(b) Cause damage to property;
(c) Engage in other conduct constituting a crime;
(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;
(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;
(f) Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;
(g) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;
(h) Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(i) Inflict any other harm that would not benefit the actor.
(2) Theft by extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]

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According to "Free legal advice"
The specific elements required to prove extortion differ between states, but the general requirements are that the offender maliciously (not mistakenly) make a verbal, written or printed threat with the intent to extort something from the victim or to compel the victim to do something against his or her will. Generally, it is irrelevant whether or not the offender actually succeeds in the attempted extortion. Once the threat is made, the offender has committed extortion. In some jurisdictions, and under the federal extortion definition, the victim does not even have to hear or receive the threat in order for the offender to be charged with extortion.

Extortion does not usually require that the offender threaten to commit a criminal act as long as the threat attempts to obtain money, property, or to force the victim to act against their will. For example, a threat to bring criminal charges or file a police report unless money is paid is still extortion, even though the offender may have every right to file a police report. By coupling the legal act with the illegal act of demanding payment to not act, the offender has committed extortion. Note, however, that a threat to file a civil lawsuit typically is not considered extortion even if that lawsuit is frivolous.
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Here's my situation. I was charged with misdemeanor charges. The DA said I could take a plea bargain of X. When I told my lawyer that X was completely unreasonable and even not in the range of what X could be under Oregon misdemeanor law, my lawyer told me that since I would not take the plea bargain the DA wrote him in an email and told my lawyer that if I don't they will change the misdemeanor charges to felonies and look for MORE felonies to charge me with. I am not arguing the right or the ability of the DA to change my plea bargain or the right to make those felonies..... what I want to know is that because the DA ACTUALLY SAID that he would do this does that make it up for a possible EXTORTION charge against the DA ?? The DA did not have to say ANYTHING !! In fact, if he wanted to make the misdemeanor charges into felonies he absolutely could WITHOUT SAYING anything. BUT, since he clearly says that I can either accept the plea bargain or ELSE, doesn't this make it extortion ??? If you don't think so then why does the the Law statue from the Oregon.gov sections (d) and (h) seem like a pretty CLEAR rule that would prove otherwise ?? ALSO in the definition of extortion I provided it's pretty clear as well ???

ANY REAL LAWYER ADVICE IS GREATLY APPRECIATED !!!

[cbg]

What property would you be delivering to the DA?

[jdbofky]

No. During negotiations nothing is firm and offers that have not been accepted can be changed. If there is no probable cause to support a felony charge, then there might be ethical violations in play, but not extortion.

[Dogmatique]

I think you have a grave misunderstanding of what you've read, and you should ask your attorney your questions.

[Helpx123098]

property or money according to the definition. Since I can't pay the fine they will extort me by changing the misdemeanors to felonies

[Dogmatique]

property or money according to the definition. Since I can't pay the fine they will extort me by changing the misdemeanors to felonies

I'm thinking the you have perhaps been "under" charged, in order to get whatever mess you're in dealt with quickly and cleanly. It's not outwith the realm of possibility for the DA's office to do that.

Either way, this doesn't even come close to extortion.

[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 ??

[Mr. Knowitall]

No, what you describe is not extortion, and you will not get the prosecutor charged with extortion.

I would say "not even in your wildest fantasies", but... here we are reading your wildest fantasies.

[cbg]

No, it is not extortion if the DA offers you a plea deal of a lower charge and associated penalties which you refuse, and he then charges you with higher charge with the likewise associated penalties.

What did you think he was going to do if you turn down the plea? Let you go?

[Dogmatique]

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 ??

What you're saying is utterly meaningless. You have nothing. Nada. Zilch.