The Devastating Consequences of Illinois Charge Stacking

 Posted on January 15, 2025 in Criminal Defense

Being charged with a single crime is serious enough in itself to require a strong criminal defense attorney. Unfortunately, many prosecutors engage in "charge stacking," which involves charging a defendant with as many relevant charges as possible—even when the true relevancy is thin at best.

Often, more charges than are fair or just are filed against a defendant to strengthen the prosecutor’s case and up the chances of securing a conviction on at least one of the charges. Charge stacking is akin to the adage of "throwing everything against the wall to see what sticks" and is common in both white-collar offenses and violent criminal charges.  

Violent crimes are typically stacked with other violent crimes and white-collar crimes with other white-collar crimes. The exception might be the offense of racketeering, which is often used as a "stack" offense in both white-collar and violent crime offenses. If you are facing multiple criminal charges, it is extremely important that you speak to a highly experienced Chicago, IL criminal defense lawyer as quickly as possible.

Charge Stacking Is Nothing New

Charge stacking can include adding similar offenses or charging multiple counts of the same offense. Examples of charge stacking date back to the 1800s, when the government prosecuted unlicensed alcohol retailers, charging one misdemeanor per sale, effectively procuring a life sentence. In 2004, a goat farmer who accidentally allowed his goats to trespass on another’s property faced 170 misdemeanors (one for each goat), carrying a penalty of up to sixty years in prison.

Why Do Prosecutors Stack Criminal Offenses?

Prosecutors stack criminal offenses primarily because it gives them a much better chance at conviction—for at least one of the charges. A 2023 Harvard study found that both trial conviction rates and guilty pleas by defendants increased significantly when charges were stacked. Defendants in Florida with one charge had a 44 percent conviction rate at trial, while defendants with three charges had a 66 percent trial conviction rate, those with four charges had a 70 percent conviction rate, and those with five charges had a staggering 77 percent conviction rate.   

Stacking charges increases the likelihood that an individual will plead guilty. While defendants with only one charge pled guilty 61 percent of the time, among those with two charges, that rate was 69 percent. Three charges resulted in a 72 percent guilty plea rate, and four or more charges resulted in a 74 percent guilty plea rate.

Those facing stacked charges must defend themselves against the original charge as well as an array of charges that may be related but fail to align with the facts of the original crime. For example, a defendant charged with burglary may also be charged with trespassing even though trespassing is implied in the burglary charge itself. Stacking charges gives the prosecutor an advantage during plea negotiations since a defendant facing multiple charges is much more likely to feel pressured to accept a plea deal.

This means that long before a trial occurs, a defendant facing multiple charges will feel the effects of charge stacking in the form of multiple bond obligations that can result in the defendant remaining in jail until trial. Juries are more likely to find a defendant with multiple charges guilty than a defendant with only a single charge. There are few things more stressful than facing stacked charges.

Contact a Cook County, IL Criminal Defense Lawyer

If you are being charged with multiple criminal offenses, it is essential that you have a knowledgeable Chicago, IL criminal defense attorney who understands why prosecutors use charge stacking and knows how to counteract them. When you choose Luisi Legal Group, you will have a criminal defense attorney who is in Chicago criminal courts on a daily basis and has developed a deserved reputation as a highly skilled litigator. Call 773-276-5541 to schedule your free consultation.