In New Jersey, it’s common for defendants in criminal cases to be charged with more than one offense. Most of the time, the charges arise from the same incident. If you are facing multiple criminal charges, it’s in your best interest to contact an experienced Bergen County Criminal Defense Attorney who can help strategize your defense and ensure that you are not coerced into accepting an unfavorable plea deal under the weight of inflated accusations.
What is Charge Stacking?
Charge stacking is a common prosecutorial tactic that involves filing multiple charges against a defendant for a single incident. The primary goal of this strategy is to increase the likelihood of a conviction and potentially secure harsher penalties. It also puts pressure on defendants to take plea a deal. Essentially, the state will resort to stacking criminal charges to strengthen its case against you.
What Steps Should I Take if I’m Facing Multiple Criminal Charges in New Jersey?
When you are accused of committing multiple criminal offenses, it’s crucial to retain the services of a seasoned criminal defense attorney. They can carefully review the details of each charge against you and present the strongest defense possible. Although it may seem like the odds are against you, it’s important to remember that you have rights.
While a prosecutor can “stack” charges against you, they cannot use double jeopardy to try a defendant for the same offense twice. The double jeopardy clause in the Fifth Amendment to the United States Constitution prohibits an individual from being tried twice for the same crime. You also have the right to remain silent to avoid self-incrimination. Don’t make any statements without consulting your criminal defense attorney.
In addition, the Eighth Amendment to the U.S. Constitution protects individuals from excessive bail and fines, and cruel and unusual punishment. This offers legal protection against unreasonable punishments that don’t fit the crime, as in they are too severe or disproportionate to the defendant’s actions. When prosecutors utilize charge stacking, there is a risk of being convicted on several counts. This can lead to increased penalties that may be disproportionately harsh for the offense committed. Therefore, your attorney may assert your Eighth Amendment right to contest any excessive punishment.
If you are facing stacked criminal charges, it’s in your best interest to enlist the help of a seasoned criminal defense attorney from The Law Office of Carl Spector, who can help you navigate this complex legal process, ensure fairness, and advocate for reasonable punishment. Connect with our firm today to learn more about what we can do for you during these tough times.
