Prosecutors stack charges it because it provides them with an immense tactical advantage: leverage. When the Bucks County District Attorney’s Office files multiple charges for a single incident, it is a calculated move designed to cast a wide net and build immense pressure against a defendant. At SKA Law Group, our criminal defense attorneys understand exactly how to counter these aggressive prosecutorial tactics and protect your future in Bucks County courtrooms.
What is The Purpose of Charge Stacking
Charging decisions are highly discretionary, meaning prosecutors can bring one charge—or ten—depending on how they want to position the case. This practice, often referred to as “charge stacking,” involves dividing a single criminal act into multiple distinct statutory violations.
The ultimate goal for the prosecution is not necessarily to secure a conviction on every single count, but to win on something. Facing a towering list of charges significantly increases a defendant’s perceived risk and exposure at trial. Prosecutors use this manufactured uncertainty to their advantage, leveraging the threat of multiple convictions to make plea deals appear far more attractive than they normally would.
The Reality of Double Jeopardy and Sentencing in Pennsylvania
If you are facing a stack of charges, it is crucial to understand your actual legal exposure. In Pennsylvania, under 42 Pa.C.S.A. § 9765, sentences do not automatically merge just because the charges stem from a single criminal incident. Crimes only merge for sentencing purposes if all the statutory elements of one offense are completely included in the statutory elements of the other.
This means that if each crime requires proof of an element that the other does not, the charges will not merge. Even if the sentences are ordered to run concurrently (at the same time), the collateral consequences of having multiple convictions on your record can be devastating. Because sentences do not automatically merge, aggressive defense representation is absolutely critical to avoid multiple punishments for a single event.
How SKA Law Group Fights Back in Bucks County
The fight against overcharging begins early. Bucks County has 18 magisterial district courts where the initial phases of criminal cases, including preliminary hearings, take place. The preliminary hearing is a critical stage where the government must show a prima facie case—meaning they must present enough evidence to show a crime was likely committed by the defendant.
If a Magisterial District Judge improperly holds baseless or duplicative charges for trial, the defense attorneys at SKA Law Group aggressively fight back. We can file a Petition for Writ of Habeas Corpus at the Bucks County Court of Common Pleas in Doylestown. This pre-trial motion challenges the lower court’s findings and argues for the reduction or complete dismissal of unsupported charges because the prosecution failed to prove that the specific crimes were actually committed. By dismantling the prosecution’s leverage early in the legal process, we protect you from the overwhelming weight of overbuilt cases.
Furthermore, for eligible first-time, non-violent offenders facing stacked charges like a DUI or minor drug possession, our attorneys may negotiate placement into the Bucks County Accelerated Rehabilitative Disposition (A.R.D.) program. A.R.D. is a pre-trial intervention that is not considered a conviction, allowing you to avoid mandatory jail sentences and potentially have your record expunged upon successful completion.
FAQs: Why Do Prosecutors Stack Charges?
Q: What exactly is charge stacking?
A: Charge stacking is the practice of prosecutors bringing as many relevant criminal charges as possible against a defendant for a single incident. Prosecutors use this strategy to build pressure, increase a defendant’s potential sentencing exposure, and leverage favorable plea deals.
Q: Will my sentences automatically merge if I am convicted of multiple charges in Pennsylvania?
A: No. Under Pennsylvania’s merger statute (42 Pa.C.S.A. § 9765), crimes only merge for sentencing if they stem from a single act and all of the statutory elements of one offense are completely included in the other. If the charges have different legal elements, they do not merge, and you could face separate punishments.
Q: How can SKA Law Group fight stacked charges before trial in Bucks County?
A: If a Bucks County Magisterial District Judge improperly holds unsupported charges for trial following a preliminary hearing, our attorneys can file a Petition for Writ of Habeas Corpus in the Bucks County Court of Common Pleas. This pre-trial motion allows us to legally challenge the lower court’s decision and argue that the prosecution lacks the evidence required to proceed, resulting in baseless charges being reduced or completely dismissed.
Q: Can I avoid trial and multiple convictions if I am a first-time offender in Bucks County?
A: Depending on the charges, you may be eligible for the Accelerated Rehabilitative Disposition (A.R.D.) program. A.R.D. is a pre-trial intervention program for first-time non-violent offenders (such as those facing DUI or possession charges). It is not a conviction, helps you avoid mandatory jail time, and allows for the automatic expungement of your charges upon successful completion.