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March 19, 2013
"Overcharging"
The title of this post is the title of this notable new paper by Kyle Graham now available via SSRN. Here is the abstract:The prosecutors in several recent high-profile criminal cases have been accused of “overcharging” their quarry. These complaints have implied — and sometimes expressly asserted — that by “overcharging,” the prosecutors engaged in socially undesirable, illegitimate, and even corrupt behavior. United States Supreme Court Justice Antonin Scalia also weighed in on the “overcharging” phenomenon not long ago, describing this practice as a predictable though regrettable aspect of modern plea bargaining.
Unfortunately, many of these commentators either have failed to explain precisely what they meant by “overcharging,” or have used the same word to describe different types of charging practices. The various meanings given to “overcharging,” when the term is defined at all, have made it difficult to ascertain what this practice entails, why it is improper, and who the worst offenders are. This essay aims to improve the ongoing conversation about overcharging in two ways: first, by disentangling and fleshing out the core meanings of this term; and second, by proposing and then applying some metrics to identify prosecuting authorities that chronically overcharge.
March 19, 2013 at 10:33 PM | Permalink
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Comments
I am of the firm opinion that the rape charge against two youths in Jefferson County , Ohio was an overcharge.
A sexual battery accusation and delinquency adjudication* would have been far more appropriate and provided a sanction + the opportunity for rehabilitation.
I apologize ½profusely + ½remorsefully for refusing to bite the “found guilty” egg of Lewis Carroll’s Humpty Dumpty .
* ¿ Does the ½+½=1 count here ? ☺
Posted by: Anon. #2.71828 | Mar 19, 2013 10:45:44 PM
In my experience, overcharging occurs when the prosecutor is trying to coerce a plea. Vertical overcharging occurs when the prosecutor charges a person with death penalty murder and the person is only guilty of manslaughter.
Horizontal overcharging occurs when when a prosecutor charges a person with every crime subsumed or necessarily included within the greater crime. For example, charging a rape defendant with assault, kidnapping, gross sexual imposition, etc. Remember, sometimes the analysis is whether there is a separate animus. (In a contiuous rape, while the defendant may be trying to reach orgasim, anal, oral, and vaginal sex can give rise to separate charges.) Again, the purpose of charging all three is to coerce a plea.
Of course, there is a species of prosecutor who thinks that it is their job to stretch the definition of any crime they can find to cover the conduct of the suspected offender -- this type of overcharging is what I call megalomanical overcharging -- the prosecutor thinks he knows better than the legislature -- this prosecutor never learned or forgot that criminal statutes are to be narrowly construed.
Posted by: ? | Mar 19, 2013 11:15:22 PM
Asking a board dominated by defense types to chime in on "overcharging" is like asking the fourth grade class to chime in on whether they'd like candy for lunch.
Let's face it. There are any number of folk among the inventory of commenters to whom ANY charging is overcharging, since: the defendant was just having a bad day, or is afflicted with the latest brain syndrome, or was driven crazy by racism, dada, dada, dada.
To the extent there is overcharging, let me suggest a solution: Take the fascist prosecutor to trial, where he'll have the burden of getting by all the multiplicity and duplicity motions, and then, with whatever is left, will have to convince 12 neutral strangers, unanimously, that the government has proved every element of each charged offense beyond a reasonable doubt.
If the prosecutor fails to meet that burden as to any charge (even by the vote of a single juror), the defendant walks as to that charge. To the extent the jury convicts, however, then by definition the conduct was not OVERcharged.
"Overcharging" is often simply the pejorative name given to counts that correspond to the defendant's crime spree. If he didn't want ten counts in the indictment, maybe he should have troubled himself to refrain from burglarizng ten houses.
Let's recall a recent, specific example: Jerry Sandusky got convicted on 48 counts (out of slightly more than 50). Does anyone here think that, with all those counts, Sandusky was "overcharged?" If so, please feel free to make the case.
Posted by: Bill Otis | Mar 19, 2013 11:50:07 PM
Not every charge is an "overcharge." But, we again ignore the trial penalty (yes, the former AUSAs on the bench have called it a "plea benefit," but a rose by any other name . . . ).
And we also ignore the insidiousness of using acquitted conduct in sentencing. Even if a defendant can beat 99 of the 100 counts at trial, that single conviction of 100 means all 100 charges can (and most often will) be used to punish. So, again, the trial penalty cannot be ignored -- and it's about more than just those acceptance of responsibility points.
One other note. I've noticed the official DOJ line being that charge bargaining is contrary to Main Justice policy, even as charge bargaining figures into about every plea negotiation I see -- because of overcharging, and the threat of superseding overcharges (often with the additional threat that family will be included in the superseding indictment).
Yes, Mr. Otis, I understand these acts are legal. But there is sometimes a chasm of difference between what's legal, and what is right -- and what encourages rather than discourages confidence in our (broken) justice system.
Posted by: Jay Hurst | Mar 20, 2013 8:34:49 AM
Its not a question of whether the prosecutor can engage in conduct that can be defined as overcharging. Of course they can. Look at Jerry Sandusky's case. Did Pennsylvania realy need to charge him with over 50 counts? Wouldn't Sandusky receive what is in effect the same sentence if he had only been prosecuted for only 10 counts. If so why waste the time, money and have the victims recount the horrible events.
Posted by: ? | Mar 20, 2013 12:50:57 PM
? --
That anyone would use Jerry Sandusky as an example of prosecutorial abuse is a gift beyond any I could have hoped for.
Thank you!
Posted by: Bill Otis | Mar 20, 2013 2:59:24 PM
The way I see it (I did not read the article) is that there are two types of overcharging. The first type is when multiple charges for what is in effect the same crime. This happens often in the child porn context where the person might have 100 illegal pictures and so gets hit with a 100 count indictment. The second kind of overcharging is when the defendant gets hit from 10,000 angles for the same crime. This often happens in fraud cases where there is a charge for money laundering, a charge for fraud, a charge for filing false paperwork, a tax charge, etc etc.
For the record, I too think than Sandusky was overcharged. Would Bill care to explain /precisely/ why he thinks 50 counts were necessary in that case? What did it achieve? I can not see it but maybe he will enlighten me.
Posted by: Daniel | Mar 20, 2013 5:08:22 PM
Overcharging is an intentional false use of the law by a prosecutor for advantage. It is a tactic copied from the Inquisition for church enrichment and empowerment. It has an improper motive, violates due process, and the Rules of Conduct owing candor to the court and to the defendant. It fully justifies e-discovery done on the prosecutor and all supervisors (to my critics of this new, never used, but necessary tactic).
Because of its statutory illegality, it is an intentional tort subject to exemplary damages, were it not for the totally unjustified self dealt immunity from the self dealing hierarchy on the Supreme Court. The sole validation of most of their decisions is at the point of a gun, since they know nothing about 99% of the subject on which they rule.
Girlfriend writes phone message, Call Mike, for drug dealer boyfriend. Mike is another drug dealer. Prosecutor says, is this or is this not your handwriting? We will take your children and adopt them away, because you will be in federal prison for 10 years. We want you to testify against your boyfriend to avoid that fate.
Posted by: Supremacy Claus | Mar 20, 2013 6:47:31 PM
"Girlfriend writes phone message, Call Mike, for drug dealer boyfriend. Mike is another drug dealer. Prosecutor says, is this or is this not your handwriting? We will take your children and adopt them away, because you will be in federal prison for 10 years. We want you to testify against your boyfriend to avoid that fate."
SC: That is not overcharging. What you are describing is extortion. Yes, extortion is punishable under 18 USC 872 and the Hobbs Act 18 USC 1951. I have never seen an AUSA prosecuted for extortion. Maybe Bill Otis knows why.
Posted by: ? | Mar 20, 2013 9:25:25 PM
? --
"I have never seen an AUSA prosecuted for extortion. Maybe Bill Otis knows why."
Ummmm, because a prosecution requires and indictment, and no AUSA has been indicted for the conduct you describe as "extortion"?
Defense types tend to be for the prosecution, sans indictment, of their adversaries. Of course, they are NOT for the prosecution, sans indictment, of any other alleged felon.
This might lead one to suspect that what outrages them is that they keep losing to those hated adversaries. But the reason for this is not AUSA's. The reason is their clientele.
If they want to quite losing, and thus get over their resentment of their opponents, the answer is obvious: Get a better clientele. It will give you a better shot at winning, and therefore at feeling more chipper.
Posted by: Bill Otis | Mar 22, 2013 9:13:47 AM
this would not be a problem!
"We will take your children and adopt them away, because you will be in federal prison for 10 years. We want you to testify against your boyfriend to avoid that fate."
Since any real american would stand on their constutitional right to Kill the AUSA fucked up enough to make a threat like that 3 sec's after the words come out of their mouth!
Threaten my kids...i KILL you! it's that simple. No matter what your job or the costume you have on.
Posted by: rodsmith | Mar 22, 2013 11:32:18 AM
Bill, not being cheeky here. Person takes a phone message to call someone. Is it overcharging to face federal conspiracy charges?
Posted by: Supremacy Claus | Mar 23, 2013 7:53:44 AM
SC--
Depends on whether the phone message is known or reasonably believed by the recipient to be part of a pre-existing agreement to break the law. "Conspiracy" is nothing more than willingly being part of a plan to do something illegal, together with an overt act (like delivering a message) to advance that plan.
Posted by: Bill Otis | Mar 23, 2013 12:29:02 PM
Hell bill under that definition we can now legally arrest and charge 1/2 the govt with "conspiracy" to violate the Constitution.
Posted by: rodsmith | Mar 23, 2013 4:17:58 PM
These stories from NPR, NYT, pds always leave out a lot. The more facts I learn about a case, the more I agree with the judge or jury.
You know the race of this person, black. I dont know if whites can be disrespected this way.
There is also an outcome bias. If the call resulted in a massacre,the chargues would fly.
Posted by: Supremacy Claus | Mar 23, 2013 6:53:31 PM
To add to the complexity of utilities.
One is not so sure the kids should grow up in the same house as that of a criminal enterprise. Removal may save their futures and their lives if not in the way of some drive by settling of scores.
So the overcharging may save futures and lives themselves.
Posted by: Supremacy Claus | Mar 24, 2013 8:02:27 AM
As is known to comment readers here, I faced 12 Federal charges at trial in 2011, including conspiracy to launder money (with my spouse), and was acquitted of all charges. It was clear and obvious to ALL involved that my spouse was the REAL target---and that I had NOTHING whatsoever to do with the activities of my spouse. Day after day in the 3 week trial would go by with no mention of me whatsoever. As noted above--by charging ME, the spouse, when All KNEW (and I'm talking about the Fed prosecution team here)that I had nothing to do with activities charged, it was probably considered a sure fire way to get a guilty plea with minimal effort--especially knowing we had minor children.
What spouse in their right mind would let their innocent spouse, that they KNOW is innocent, get an indictment splashed on the front page of the paper and go through the hell that is a complex white collar trial if they could just plead guilty and get it over with? Especially when facing 34 charges themselves? But my spouse wanted to plead NOT guilty-- so in spite of my night terrors (especially after reading appeals if I should fail)and knowing neither of us should plead guilty to crimes we did not feel committed, we went to trial.
The "tacking on" of money laundering charges was devastating and unnecessary.
We were accused of "taking one spouse's name off of an account"--an account that STAYED AT THE SAME ENTITY still under my Name---in our home town. Yep, that's Really clever "money laundering". Then accused of buying a boat (3 SEPARATE charges--the down payment in one month, and the rest of the down payment (from 2 different accounts---but all accounts in my name)in the closing month. As said, I was acquitted, spouse convicted....At sentencing---the judge added FIVE YEARS to spouse's sentence for the money laundering. The charging for the money laundering was unnecessary and overreaching---the devastation continues.
Posted by: folly | Mar 25, 2013 11:13:31 PM
Overcharging is one of the things that makes the American judicial system such a laughingstock. There are numerous high-profile examples of overcharging. Look at the Casey Anthony case. I have no doubt that she was responsible for her daughter's death but the state had a pretty thin case, certainly one that wouldn't prove 1st degree murder. They should have either charged her with 2nd degree murder or, if they felt they couldn't even prove that, then manslaughter. But what does the prosecutor do? Of course they throw everything at the wall and see what sticks, charging her with manslaughter, 2nd degree murder and 1st degree murder for the same victim. In other words they charged her with three mutually-exclusive charges as it is impossible that she could have simultaneously accidentally killed her daughter, killed her on the spur of the moment and killed her in a premeditated fashion. I was so happy when the jury returned a verdict of not guilty though I doubt it will change the prosecutor's behavior one iota. When are prosecutors in this country going to learn that it is both quite unprofessional and immature as well as being highly unethical to use this kind of "shotgun" method of charging defendants?
Posted by: Billy | May 6, 2014 4:06:02 PM
What can you do when overcharging happen. I thought this kind of thing stopped years ago. I have a son that was charged with everything under the sun that was found in a vehicle in which he was a rear seat passenger. The driver and front seat passenger were not charged with the items they found.
Posted by: Jim | May 31, 2014 9:06:52 AM
There is no such thing as a plea deal.however, once the individual has been charged with a particular offense if that indidivual is found not guilty of that offense than it can not be reduced to anything else. Example I do not have enough evidence to convict for murder therefore, the person is considered to be found not guilty without the charge being reduced to a lower offense for plea deal that is double jeopardy of the plea deal offense.
Posted by: Zabrina L Hall | Feb 11, 2018 12:20:44 PM
Overcharged in sentencing voluntary manslaughter has the same definition as self defense and precipitated homicide meaning that the victim had motive and was the cause of his or her own death by being the aggressive. Which means the defendant has the right to protect themselves, their property and and anyone else in the home that is an innocent crime. However, they have been charging people with that offense which the courts are wrong and you can not Max out a first time felon who never been convicted of a felony before their it is overcharged in sentencing. Voluntary manslaughter is a third degree felony which carries one to three years in prison however, the first time felon can not receive the Max of the three years because of mitigation factor.
An the offense carries probation.
Posted by: Zabrina L Hall | Feb 11, 2018 12:50:47 PM
There are different degrees when it comes to the Law agg murder, murder, voluntary manslaughter, manslaughter, reckless homicide, negilence homicide the only ones that are intentionally is agg murder and murder. Although, I can not change someone with murder for protecting themselves if someone is shooting at the person, the person who is being shot at does have the right to shoot back. However, if if a innocent bystander gets shot the first person who started shooting the gun had placed everyone in harms way therefore, I can not charge the second person for shooting because he or she has the right to protect themselves
So, we can not chargesomeone without charging them with a gun if one was used. Again intentionally is knowing your going to take someone life
Posted by: Zabrina L Hall | Feb 11, 2018 1:02:21 PM
Double jeopardy of APA is the person has been sentenced and completed their time to the ESD date whether they received good days or not however, they can not be placed on parole because their is no time remaining on the sentence for the individual to violate or to be sanction for.
Posted by: Zabrina L Hall | Feb 11, 2018 1:08:55 PM
There is no such thing as a non violent offender reason why if I rob you that is violobecause the perpetrators may have to hurt the innocent person while robbing them.fraud aND back checks can be violent by stealing from the person home. That is why involuntary manslaughter is intentionally.
Posted by: Zabrina L Hall | Feb 11, 2018 1:15:31 PM
There is no such thing as a non violent offender reason why if I rob you that is violobecause the perpetrators may have to hurt the innocent person while robbing them.fraud aND back checks can be violent by stealing from the person home. That is why involuntary manslaughter is intentionally.
Posted by: Zabrina L Hall | Feb 11, 2018 1:15:31 PM
A lot of people in Cincinnati Ohio has been overcharged in sentencing. In the state of Massachusetts they gave their Judges 28 years for that and everyone who had knowledge of it in the court system received five years for conspiracy
Posted by: Zabrina L Hall | Feb 11, 2018 1:19:55 PM
In Ohio the code for first time felony sentence is section
13-701 and section 13-702 all first time felony receives mitigation factor if not more than two felony offense involve in the same crime.
Posted by: Zabrina L Hall | Feb 11, 2018 1:27:35 PM
That is the reason for the overcharged in sentencing because the people were charged the inappropriate offense therefore, a lot of people will be released in Ohio either because of innocent, overcharged, and double jeopardy.
Posted by: Zabrina L Hall | Feb 11, 2018 1:31:47 PM
Mitigation, minimum, presumption, Max and agg Max.
Posted by: Zabrina L Hall | Feb 11, 2018 1:44:51 PM
Nevertheless, you all can sue the lawyers for misrepresentation in the overcharged in sentencing.
Posted by: Zabrina L Hall | Feb 11, 2018 1:46:26 PM
Also, violent offender are allowed to have one felony removed from his or her background report.
Posted by: Zabrina L Hall | Feb 11, 2018 1:48:05 PM
It is against the law to charge a person with more than one violent offense for one body.
Example I can not charge someone with murder and reckless homicide for one body. However, both states that someone passed away yet, different.
Posted by: Zabrina L Hall | Feb 11, 2018 1:53:52 PM
In Ohio HB86 was not suppose to have been created through legislation because they were to correct SB2 of more earned good days of five and releasing individual whom has been overcharged in sentencing. However, I believe that if a person does not have mandatory sentence than he or she should say if they would like to be released early on judicial or go to a transition house six months prior to release date. No Judge should not be able to say yes or no only thing people with non mandatory time. An that will release some people from the prison setting as well.
Posted by: Zabrina L Hall | Feb 11, 2018 2:17:00 PM
If I charge someone with a gun, attempts to murder, and murder than dismiss the gun and attempted to murder therefore, the judge has to throw out the murder case also. Defendant not guilty on all charges.
Posted by: Zabrina L Hall | Feb 11, 2018 2:21:43 PM
In Ohio there is a law called Second Chance Act for first time felony however, these people can resume living upon their release and apply for all things they are applicable for although, these people can obtain jobs however, they can not apply for their old job if the offense has been are was job related to the incarceration yet, the individual maybe a first time felon. Also, in the state of Massachusetts for the people who were overcharged in sentencing the offense were removed from the people record without them filing for seal and expungement due to the courts negilence.
Posted by: Zabrina L Hall | Feb 11, 2018 2:45:16 PM
In Ohio Lawyers can be sued for misrepresentation. Example overcharged client in sentencing.
Posted by: Zabrina Hall | May 8, 2018 12:24:18 PM
State of Ohio has to release everyone who is incarcerated that has been overcharged in sentencing. Also releases everyone off of parole who has completed their sentence to ESD date or state of Ohio can be sued for double jeopardy by the ones incarcerated and the one's whom has been released. Law states that no first time felony who did not intentionally cause harm to anyone can not be Max out all though laws government them under self defense, honest killing, and justifiable. An everyone whom has or had been overcharged in sentencing is to be paid one thousand dollars for every day spent in confinement.
Posted by: Zabrina Hall | May 8, 2018 12:33:21 PM
State of Ohio has placed a lot of people in harms way by being prejudices against in court findings of overcharged in sentencing and double jeopardy by APA. APA no time remaining on sentence therefore there is no sanctions or violations of previous sentencing. Ohio State has mishandled a lot of cases. Grounds to release immediately from the prison setting in Ohio along with their settlement.
Posted by: Zabrina Hall | May 8, 2018 12:39:52 PM
In Ohio you can sue a Lawyer for misrepresentation. Example overcharged in sentencing.
Posted by: Zabrina Hall | May 8, 2018 12:42:28 PM
In Ohio the APA has pjlaced a lot of individuals in double jeopardy for no time remaining on sentence. Therefore no violations or sanctions because of ESD date.
Posted by: Zabrina Hall | May 8, 2018 12:45:08 PM
State of Ohio needs to be investigated like state of Massachusetts who overcharged a lot of people. An incarcerate the Judges, Lawyer, and prosecution who has knowledge of the overcharged in sentencing and double jeopardy by APA. We have a lot of conspiracy throughout Ohio court system
Posted by: Zabrina Hall | May 8, 2018 12:50:08 PM
In state of Ohio DRC has a third degree offense sentencing which states voluntary manslaughter is a third degree felony. Mitigate is one year and Max is three years. However, you still can not Max out a first time felony who had never been convicted of a previous felony and for protecting themselves or someone.
Posted by: Zabrina Hall | May 8, 2018 12:55:59 PM
In Cincinnati Ohio the Internal affairs, U.S. Marshall, and FBI needs to go through Hamilton county courts records for individual who has been overcharged in sentencing. There are a lot of first time felony whom has been overcharged in the sentence guidelines for first time felony section 13-702 and those lawyers, procecutors, and judges needs to lose there job and become a felon themselves. Being overcharged in sentencing also had those people being prejudices against by placing them in harms way of a to lengthy of prison term that could have been reduced to minimum or mitigation factor.
Posted by: Zabrina L Hall | Jun 9, 2018 11:03:27 AM
Also, the people in Ohio has already been overcharged in sentencing than the judges know they were wrong along with the lawyers for the overcharged in sentencing and denied early release to those indidivual also who did not have mandatory time and falsely gave them jail time credit that the person never received. An the paid lawyers misrepresented the client.
Posted by: Zabrina L Hall | Jun 9, 2018 11:12:14 AM
In Cincinnati Ohio my police background report says that voluntary manslaughter is a Zero degree felony.
Posted by: Zabrina L Hall | Jun 9, 2018 11:17:45 AM
Although, in Cincinnati Ohio we have a Law called Second Chance Act for first time felony,therefore, so the individual can resume there livelihood of living. Those people have missed out on a lot especially for the ones who offense weren't job related. Those first time felony has been mistreated by the courts of individuals whom has sworn in to do a Job yet, these lawyers and judges are playing with people lives and freedom in Cincinnati Ohio.
Posted by: Zabrina L Hall | Jun 9, 2018 11:27:58 AM
In Cincinnati Ohio Clyde Bennett went to federal prison for embezzlement of clients money. Plus he also overcharged his clients due to Clyde Bennett prison term was job related Clyde Bennett can not work in the United States at all as an lawyer. Nevertheless, he is a first time felony however, his federal felony offense was job related therefore, there is probocause to release Bennett of his job description immediately.
Posted by: Zabrina L Hall | Jun 9, 2018 11:36:20 AM
Clyde Bennett also applied to work as an attorney under Pennsylvania law which is illegal because it is out side of the jurisdiction due to his offense occurred in Ohio. Therefore, since he was the lawyer that misrepresented Zabrina L Hall who never had a felon conviction he overcharged me in sentencing. A lady who worked in the medical field and ruined my life by taking everything from me. Someone he did not know.
Posted by: Zabrina L Hall | Jun 9, 2018 1:43:04 PM
In Cincinnati Ohio Ray Tenisly won his case of being overcharged in sentencing after killing Sam Dubose. When Ray Tenisly placed himself in harms way by reaching in dubose car to turn off the ignition. However, ray Ray tensily was never charged with the gun for killing dubose.. Although, if after the fact dubose had not placed his feet on the gas padder he would still alive yet, the five miles per an hour would not have caused that much harm to tensily to make him shoot dubose in the head. Ray tensily won his overcharged in sentencing because he was and has never been convicted of a felony. When tensily should had been charged with the gun and reckless homicide. It isn't that tensily wasn't wrong ray tensily was charged the wrong offense like a lot of people. Therefore, Ohio has a big epedemic of people being overcharged in sentencing. An ray tensily has been rewarded three hundred thousand of dollars. Isn't that discrimination in Ohio court of law.
Posted by: Zabrina L Hall | Jun 9, 2018 10:29:32 PM
In the State of Ohio there is a law called sentence reduction. However, if a individual ask or apply for sentence reduction that means the person has been overcharged in sentencing.
Posted by: Zabrina L Hall | Aug 6, 2018 1:52:18 PM
If the courts in Ohio can use mitigation factor for a death row sentencing. Nevertheless, the court should mandate mitigation factor for all first time felony. No first time felony sentences starts at presumption however, it all began with minimum sentence with mitigate factor.
Posted by: Zabrina L Hall | Aug 6, 2018 1:57:11 PM
In the state of Ohio it cost the Court 12,500 a month and 416.50 a day for the courts to pay a individual whom has been overcharged in sentencing.
Posted by: Zabrina L Hall | Aug 6, 2018 2:07:50 PM
state of ohio have to pay every indivdual who has filed for sentence reduction and overcharged in sentence.
Posted by: ZABRINA L HALL | Sep 6, 2018 11:05:34 PM
state of ohio have to pay every indivdual who has filed for sentence reduction and overcharged in sentence. for everyday 416.50 because of being in prison to long or innocent
Posted by: ZABRINA L HALL | Sep 6, 2018 11:08:41 PM
current in ohio we are, expericning a crisis at hamilton court with cylde bennett working as attorney after his fed case of embellzement of clients money.that is discrimination against all first time regardless of the degree of felony.
Posted by: ZABRINA L HALL | Sep 7, 2018 11:23:54 PM
all first time felony in ohio who has been overcharged,sentence reduction and first felony offense can have their old or same job are it is discrimnation in OHIO with bennett working at HCCH a snitch means ametur shoplifter
Posted by: ZABRINA L HALL | Sep 7, 2018 11:38:20 PM
in OHIO prison are a lot of people who has been overcharged and lawyers,judges,prosecutors are part of the ponzi scheme in ohio .they overcharged ray tensily and reward him 300hundred thousand for his offense do we have discrimnation of color or offense
Posted by: ZABRINA L HALL | Sep 7, 2018 11:50:21 PM
B0308920 has never been convicted of a felon therefore i am a first time felony whom has been overcharged in sentencing my police report says its a ZERO DEGREE FELONY IN OHIO I HAVE BEEN DISCRIMINATED IN CINCINNATI OHIO
Posted by: ZABRINA L HALL | Sep 8, 2018 12:01:36 AM
In the State of Ohio it cost 150.000 a year that the state court house has to pay the individual from the county their from for overcharged in sentencing.
Posted by: Zabrina L Hall | Oct 22, 2018 2:45:08 PM
My husband has been the victim of an overcharge and I don't know what to do. I am desperate. Any suggestions?
Posted by: B | Feb 11, 2020 8:43:41 PM
Zero degree felony in the State of Ohio says: The individual is Innocent and the Prosecutor has charge the innocence innocent individual of an plea deal which is illegal. Therefore, the defendant can Sue the Lawyer for misperception, because it is within his the Lawyer job description to represent his or her client appropriately, and for ever Judge and any who comes across the individual files to report the corrupt illegal offense plea deal. An say their is a innocent individual incarcerated who needs to be released immediately with pay 450.00 a day, 13,500 a month, 162,0000 a year multiple the years, days or months the individual has done. We have a lot of people incarcerated for Overcharged in Sentencing guidelines.
Posted by: Zabrina L Hall | Dec 13, 2020 4:00:22 PM
Next, there are a lot of people who has to be released from prison immediately with pay. Because of improperly sentence meaning those individuals has been Overcharged in Sentencing guidelines: you can not charge a Murder with an Aggravated Murder sentence. Murder sentence starts at and is no greater than 5-12years for Murder. Aggravated Murder sentence starts at 12.5 year's and greater. Murder sentence meaning: Premeditated, Intentionally, Planned and knowing wanting to cause bodily harm to someone. Examples: Intentionally, planned, and knowing pointing a gun at someone to shot the person. If it's not too the head and the person die than it's consider Murder. Even if you are going to Rob someone home or bank and kill them, that would be Murder because you planned it. To the head it's Aggravated Murder and Aggravated Robbery. For the people who have been Overcharged in Sentencing guidelines for Murder they have to be released immediately because the sentencing them inappropriately, with pay 450.00 a day, 13,500 a month 162,000 a year's, multiple the numbers of year's days months the individual has done.
Posted by: Zabrina L Hall | Dec 13, 2020 4:15:43 PM
You can not ever bring someone back to court to give him or her more time on sentence they already been sentence on, that would be considered Double Jeopardy.
Posted by: Zabrina L Hall | Dec 13, 2020 4:18:50 PM
The true meaning of Voluntary Manslaughter: The deceased was the aggressor and cause his or her own death by being there aggressor and intentionally wanting to cause harm to the defendant in the situation. it is called justifiable, self-defense and honest killing. The defendant is Innocent
Posted by: Zabrina L Hall | Dec 15, 2020 9:19:45 AM
Under SB2 all first time felony class 2 is to receive minimum to mitigation factor you can not give a Murder a Aggravated sentences which starts at 12.5 years Under SB2 therefore those individuals has been overcharged in sentences under Ohio first time sentences guidelines SB2 first time felony for felony 1 offense carries 3-10 years, mitigation 3years, minimum 4years, presumption 5-9 years, max 10years, and Aggravated Murder starts at 12.5 years. Therefore state legislation stated FBI has to be involved and release these individuals from years 2001-2010 with pay for everyday spent in jail and prison plus additional 300,000 for being prejudice against for being in a setting they didn't belong or to much time. Also, state of Ohio zero degree felony is a person of innocence and voluntary Manslaughter means: the Deceased person was the aggressor in the situation which caused his or her own death the defendant is the victim and is considered honest killing, justifiable, and self defense. All first time felony receives minimum to mitigation. Gun charges carries 6months-3years, 6 months mitigation, 1year minimum, 2 year presumption, 3 year max.therefore can we all receive our overcharged in sentences payments please thank you
Posted by: Zabrina L Hall | Jul 8, 2022 11:52:43 AM
In the State of Ohio Joslyen law under SB2 first time felony conviction for a first degree felony the offense carries 3 years to 10 years including rape, murder, or arson. Therefore, under SB2 as a first time felony if convicted than he or she is entitled to 3 years mitigation or 4years minimum. Nevertheless, why is Ohio judicial system overcharging these defendant. It says for SB2 individuals whom has been overcharged in sentence in the years of 2001-2010 that FBI has be involved to release those individuals with pay says legislation. Motion can be filed on those individuals behalf although FBI has to investigate the judicial system in Cincinnati Ohio regarding these individuals whom has been overcharged in sentence. Currently Cincinnati Ohio judicial system has committed a serious offense in the court of law for intentionally knowingly wanting to overcharged in sentence by committing crimes such as wrongfully conviction, illegal plea dealing, too much time, charge with wrong offense nevertheless kidnapping the overcharged in sentence people by holding them against their free will to be released immediately from prison including the APA with double punishment and double Jeopardy. I need for these individuals to be released immediately asap with pay. All of this information is in a criminology college school book. However, Ohio created New law such as hb86, and sb201 instead of correcting their intentionally knowingly error and having these individuals under SB2 still incarcerated for some and others still waiting on payment for his or her overcharged in sentence.
Posted by: ZabrinaLHall | Oct 10, 2022 11:41:19 PM
In the state of Ohio this are some unintentional homicide which is considered self defense or third degree felony just to name a few: reckless homicide, voluntary manslaughter, manslaughter, negligence homicide and etc. However, all these individuals have been overcharge in sentence of wrong offense of being wrongfully convicted , too much time. The only first degree felony that exists in the state of Ohio is aggravated murder of killing execution style or brutal stabbing of five or more times. Than you have murder intentionally knowingly wanting to cause bodily harm to a human. Otherwise, every other homicide is unintentional which is either a second degree felony or third degree felony. All first time felony is considered minimum or mitigation factor in sentence. With All the individual whom has been overcharge in sentence will receive 415.50 for everyday spent in county jail and prison which is 12,500 a month 149,500 a year for every year spent away for overcharge in sentence including 300,000 for being prejudice against.
Posted by: Zabrina L Hall | Feb 8, 2023 8:34:41 PM
In the state of Ohio a innocent bystander homicide is considered a unintentional homicide of reckless homicide which is a third degree felony. Stop charging our people with All theses horrific crimes when majority are unintentional. Release our people right away. Self defense is not guilty.
Posted by: Zabrina L Hall | Feb 8, 2023 8:38:26 PM
Just because someone has been arrested does not make you a felony, the person actually have to be convicted of the offense, however, what the person has been arrested for does not mean it is the appropriate offense nevertheless if the person was arrested on the wrong offense than the courts can not convict, it is illegal to plea deal, plea deal mean defendant is innocent and the court of law is intentionally knowingly having someone plea deal to a new charge the person did not commit. That's why it is legal to plea deal the individual is innocent of the charge he or she has been arrested on.
Posted by: Zabrina L Hall | Mar 19, 2023 2:52:44 PM
Zero degree felony is considered innocent in the state of Ohio and it will show up on your criminal background report as zero degree felony. Meaning that person is innocent zero degree felony carries no prison term.
Posted by: Zabrina L Hall | Mar 19, 2023 2:55:06 PM
SB2 in the state of Ohio here are a list of unintentional homicide just to name a few reckless homicide, voluntary manslaughter, vehicular homicide, negligence homicide and etc.
Posted by: Zabrina L Hall | Mar 19, 2023 2:57:25 PM
In the state of Ohio voluntary manslaughter is not a intentionally homicide the legislative definition for voluntary manslaughter is the deceased person was the aggressor in the situation which caused his or her own death. The self defense person is innocent and the victim whom is alive,
Posted by: Zabrina L Hall | Mar 19, 2023 3:00:44 PM
All first time felony in the state of Ohio if guilty is entitled to minimum or mitigation of the degree felony the individual has been charged with. Third degree felony minimum 2years, mitigation 1year or probation. Second degree felony first time felony carries minimum 3 years, mitigation 2years or probation.
Posted by: Zabrina L Hall | Mar 19, 2023 3:04:43 PM
In the state of Ohio if our first time felony person has been convicted of a offense because he or she has been misrepresented in the court of law, that individual is innocent of the offense he or she has been charged with, if the charge is correct and sentence is wrong than sentence needs to be reduced immediately. However, overcharge in sentence is wrong offense, innocent, too much time, or illegal plea deal
Posted by: Zabrina L Hall | Mar 19, 2023 3:08:13 PM
Why is Hamilton county court so quick to sentence but not quick to correct and release immediately in Cincinnati Ohio. Overcharge in sentence is considered: innocent, wrong offense, too much time, or zero degree felony.
Posted by: Zabrina L Hall | Mar 19, 2023 3:14:13 PM
We have many people in the state of Ohio prison whom has not committed a intentionally homicide, although a homicide have been committed however, the homicide is considered unintentional homicide for our first time felony and they all need to be released with pay for these unintentional homicide that these Court of law people sentence them to 10 or more years when these unintentional homicide carries probation or 1-3 years for second degree felony or third degree felony. Don't forget the one's who are self defense who the court of law railroad of sending a innocent self defense person to prison for protecting him or herself. The court of law is in alot of trouble all those people has been kidnapped by the court of law sentence to prison term of their innocence and giving long length of prison term for unintentional offense. They all have to be released immediately with pay, and they all are entitled to a disability check for PTSD, ADHD, bipolar, anxiety, or depression for being prejudice against in a setting too long or where they did not belong.
Posted by: Zabrina L Hall | Mar 19, 2023 3:26:34 PM
Overcharge in sentence or offense means individual been sentence to, too much time and overcharge in offense means individual have been arrested on wrong offense or convicted of wrong offense. Nevertheless, if those individual has been convicted of wrong offense whereas the offense should have been a self defense charge or unintentional offense therefore those individual has to be released immediately because you can not reduce the charge just to get a conviction on a offense the person has not been arrested on therefore our Court of law has made some tremendous mishaps on these offense that were not intentional, there are people in our Ohio State prison who needs to be released immediately because of wrong offense which most of these offense are second or third degree felony of unintentional offense or self defense. I would like for all to be released immediately with pay for everyday he or she has spent in jail and prison of a unintentional offense, self defense, or too much time. However, my SB2 sentence guidelines individual are priority since legislation made it mandated that from the through the years 2001-2010 has to be released first with pay for the one's who where their or is their, they have been prejudice against and kidnapped against their own Free Will to freedom by our Court of law in Ohio.
Posted by: Zabrina L Hall | Apr 3, 2023 10:03:46 AM
Ohio judicial system has overcharge a lot of black/brown people in either offense or sentence or both, however, everyone who has encounter a perpetrator has the right to protect him or herself with self defense, currently Ohio is experiencing our judicial system is playing a manipulation game with prisoner, subsidized housing of HUD, social security, hcjfs, and health condition, I will reach out further beyond FBI, and greater Cincinnati behavior health services, All these individuals are of corruption within our prison system amongst the black culture having them in Ohio prison who are innocent, judge Robert ruelhman found Mr D'Aires L Hall not guilty of attempt of murder of Travis Clark, why? Travis Clark was the perpetrator in the offense, Travis Clark open fire of a gun on Mr D'Aires L Hall therefore the judge found Mr D'Aires L Hall not guilty although a innocent bystander lost her life, Mr D'Aires L Hall is not responsible for that unintentional homicide, Mr Travis Clark placed Ms Candace and Mr D'Aires L Hall in harm's way therefore the Case reverse whereas Mr Travis Clark should have been charged with attempt to murder of Mr D'Aires L Hall and unintentional homicide of Ms Candace Tate, had Mr Travis Clark not open fire on Mr D'Aires L Hall than Ms Candace would be alive, our judicial system is sending a lot of innocent people to jail for these black men and women to become small millionaire from the judicial system having to pay for the person wrongful conviction, you have greed and scandal going on in Hamilton county Ohio court and Ohio judicial policy center in Cincinnati Ohio, at the end of the day everything is not based upon money although we are going to receive the money for being a victim of Cincinnati Ohio Hamilton county judicial system, most of these people were capable of having a job before the illegal incarceration, some were disability and still is before the incarceration, some were wealthy before the illegal incarceration, we have those innocent people at the security level in prison as if he or she killed people like Debra brown, Alton Coleman, charles Manson, Ted Bundy and etc, Ohio will have a Big law suit against the court house, Bosco, prison, anyone who is affiliated with the judicial who has knowledge and did not report the judicial system corruption All are of intentionally knowingly conspiracy while others will be charged with intentionally knowingly initiating criminal offense while working the judicial system, this is not a game and has not ever been a game, mark cailvaili of Pennsylvania and other judge's, prosecutor and misperception lawyer has All been cs been charged with and sent to prison for the overcharge in offense or sentence scandal they have done to these humans,
Posted by: Zabrina L Hall | Mar 18, 2024 6:28:06 PM
Our judicial system can not ever charge a innocent person for protecting him or herself, our judicial system is now intentionally knowingly kidnapping people just to fill prison cells when our judicial system are the ones who have to be incarcerated for the corruption and to have these individuals in your prison around death row and Life without parole inmate is a criminal offense against the State prison, Right now our judicial system fucked up tremendously and is forcing me Zabrina L Hall who is innocent to tell about the judicial system corruption also I went to School for criminology you have to pass a background check to enter into any criminal justice class, and that identify my innocent also, who signed or applied for a informant job, detective job, a police job, knowing what I know told about the law I don't want the salary job and I am not sitting in prison with All My innocent money to tell you All about the corruption that goes on in the prison, its law no innocent person can not be in your prison at all, wrongful conviction can not be in the prison, to much time if offense is correct can not be in prison once time is complete and every person who is innocent wrongful conviction can not ever be charged with anytype of offense within the prison setting WHY? You can not be charged with a offense of a place your not supposed to be in such as prison that innocent person is being prejudice against now our judicial system and prison is intentionally knowingly committing More corruption although the judicial system knows they can not charge a person of a offense who is innocent in there prison setting, I worked at 1221 McKinney Columbus Ohio 43226
3 Mr John Lyons Said Cincinnati Ohio judicial system of Hamilton county courthouse is under severe investigation for overcharge in sentence of these first time felony and that the prison are about to close a lot of prison to pay the first time felony under SB2 to thru the years 2001-2010 like I said it's not a game a lot of judge's in Ohio refuse to go to prison and has died it's real talk, Israel, china, Russian, and more are at war with USA of America because of fund's and wrongful conviction of America's prisoner, America's is losing everything starting with State of Ohio if you All don't pay the people for the prison term's of the ones you All incarcerated thru the years 2001-2010, America's is losing everything if they don't give out survivor benefits to alive survivor, correct SSI payments, and All this overcharge in sentence/offense money Ohio have to pay 415.50 per day a person been in jail or incarcerated, along with additional 300,000 for being prejudice against, get All My level Three, two, and one out of the prison level of four or five, I am calling the DA, DEA, CIA, US marshals, homeland security on the prison and judicial system
Posted by: Zabrina L Hall | Mar 18, 2024 6:54:12 PM
America stop calling y'all self African American, Africa is not a country in USA, African people needs a green card to live in USA are you America's going to jail of 10,000 for a green card for a Africa person, than USA is not African American, make since of that there is a deploying holding tank to send All foreign home, stop the bs it's not a game what's going on
Posted by: Zabrina L Hall | Mar 18, 2024 7:31:16 PM
Zero degree felony in the state of Ohio means individual is innocent, zero no Bill, overcharge in offense or sentence means the arrest offense could not get a conviction, or to much time given, or incarcerated innocent innocent person whom shall not convicted at All because individual is innocent therefore that is considered wrongful conviction of a innocent individual, in the state of Ohio that person or those people has to be paid and for the ones who are incarcerated has to be released immediately especially the ones who has been arrested through the year's of 2001-2010 legislation said FBI is to get these people paid who were in jail/incarcerated for overcharge in offense/sentence of a arrest from the year's of 2001 thru 2010 and for the ones still incarcerated to release and pay them who were arrested and overcharge in offense/sentence from year's 2001-2010 state of Ohio has to pay 415.50 per day for individual has been in jail/incarcerated from the years 2001 thru 2010 for overcharge in offense/sentence with a additional 300,000 for being prejudice against also held captive of being kidnap by the State of Ohio and judicial system
Posted by: Zabrina L Hall | Mar 19, 2024 10:30:04 AM
