July 23, 2026 • Posted In Criminal Defense
Understanding the tactics a prosecutor may use can help you build a stronger defense and/or resolve your case in a more favorable manner.
Prosecutors may elect to charge a defendant with as many offenses as the facts might support, including the most serious version of each. In Georgia, a single criminal act can produce several felony counts that do not merge, meaning they can be punished separately. For example, after an alleged robbery with a firearm, a prosecutor might charge you with an armed robbery, aggravated assault, a firearm offense, and more.
The more charges and the higher the potential sentence, the more pressure a defendant may feel to accept a plea deal rather than risk everything at trial.
The majority of criminal cases end in a plea bargain. Prosecutors use that reality to their advantage. They may offer an early deal that looks appealing next to the maximum penalty, especially considering the threat of stacked charges and mandatory minimums.
An early plea offer, however, is not always a favorable one. Accepting it before your attorney has reviewed the evidence can mean giving up defenses you did not know you had.
Prosecutors rely heavily on statements defendants make to police. Anything you say during questioning, even something that seems harmless, can be used to support the state’s case. This is why exercising your right to remain silent and to have an attorney present is of the utmost importance.
The state may build its case on the testimony of victims, eyewitnesses, or cooperating witnesses, including co-defendants who receive lighter treatment in exchange for testifying against you. These witnesses can be persuasive, but their accounts are not always reliable. Their motives can be challenged on cross-examination.
Atlanta prosecutors have increasingly used Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act. Georgia’s RICO law is broader than its federal counterpart and allows prosecutors to tie together many separate acts and defendants into a single case. This can raise the stakes and complexity of a racketeering prosecution.
A defendant held in jail before trial often feels enormous pressure. Prosecutors understand that someone sitting in custody may be more willing to accept a plea to return to their lives and work.
Prosecutors control much of the evidence in a case. How and when they share it can be a tactic in itself. While the law requires the state to turn over certain evidence, prosecutors may produce it slowly or in overwhelming volume close to key deadlines to leave the defense less time to review it. They are also required to disclose evidence that is favorable to the defense, yet these materials are not always turned over promptly.
These tactics can be challenged with a strong defense attorney. An experienced defense lawyer can help you by:
If you are facing criminal charges in Atlanta, contact an experienced criminal defense attorney who understands how local prosecutors build their cases and how to fight back. Wallack Law offers confidential consultations.
