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Bullying During Federal Plea Negotiations: A Violation of Your Constitutional Rights

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This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.

by Karren Kenney / Last Updated: November 4, 2025

Facing federal criminal charges is one of the most frightening experiences a person can endure. Your freedom, your career, and your future are on the line. During this critical time, you deserve fairness — not intimidation or coercion.

Unfortunately, some federal prosecutors use bullying tactics during federal plea negotiations to pressure defense attorneys and their clients into pleading guilty. They threaten harsher charges, longer sentences, or additional indictments if a defendant refuses to accept a plea.

This kind of conduct is not just unethical — it can violate your constitutional rights. At Kenney Legal Defense, we stand up to prosecutorial bullying. We fight back against intimidation and protect every client’s right to competent, independent legal counsel.


Understanding the Power Imbalance in Federal Cases

Federal prosecutors hold enormous power, especially during federal plea negotiations. They control:

  • What charges are filed,
  • What plea deals are offered, and
  • How much prison time a defendant could face.

Too often, that power is abused. A prosecutor might say:

“If your client doesn’t plead guilty, we’ll add more charges.”
“If you go to trial, we’ll seek the maximum sentence.”

These are not legitimate negotiations — they are coercive threats. And when prosecutors use fear to control outcomes during federal plea negotiations, it undermines justice.

At Kenney Legal Defense, we’ve seen these tactics firsthand. We know how to spot them — and how to stop them.


Your Sixth Amendment Right to Competent, Independent Counsel

The Sixth Amendment guarantees every person charged with a crime the right to effective assistance of counsel. That means your attorney must act solely in your best interest, not under pressure from the prosecution.

When prosecutors bully or threaten defense attorneys, they interfere with that right. They try to silence independent advocacy and turn plea bargaining into a forced confession.

We don’t tolerate that. Our firm makes sure your representation stays independent, fearless, and focused entirely on your defense — no matter how aggressive the government gets.


When Plea Deals Become Coercion

Over 97% of federal criminal cases end in guilty pleas — but not all those pleas are truly voluntary. Many defendants plead guilty out of fear, not because they’re guilty.

They’re told:

  • “If you don’t take this deal, you’ll face more charges.”
  • “If you go to trial, you’ll never see your family again.”

That’s not justice — that’s intimidation.

The Constitution requires that any guilty plea be knowing, intelligent, and voluntary. When a plea is made out of fear of retaliation, it violates your Fifth Amendment right to due process.

At Kenney Legal Defense, we make sure every plea decision is made freely, with full information, and without government coercion.


Prosecutorial Misconduct and Ethical Violations

Federal prosecutors are supposed to be “ministers of justice” — not bullies. The Department of Justice (DOJ) and American Bar Association (ABA) both require prosecutors to pursue justice fairly and ethically.

When prosecutors cross the line — using threats, retaliation, or intimidation during federal plea negotiations — they violate those ethical standards and your constitutional rights.

Our firm is not afraid to hold prosecutors accountable. We document misconduct, bring it before the court, and demand fair treatment for our clients. No one is above the Constitution — not even the federal government.


How Prosecutorial Bullying Hurts the System

Prosecutorial intimidation during federal plea negotiations doesn’t just harm one defendant — it damages the entire criminal justice system.

When prosecutors bully, this happens:

  • Defendants are pressured into pleading guilty when they shouldn’t.
  • Defense lawyers hesitate to fight back for fear of retaliation.
  • The truth never comes out, because cases don’t go to trial.

Justice cannot exist when fear replaces fairness. That’s why we stand firm against these tactics — because protecting your rights protects the integrity of the entire system.


Our firm has built a reputation for standing up to federal prosecutors. We don’t back down from intimidation or threats. Here’s how we protect our clients in every case:

We stand up to threats: We refuse to let the government control your defense through fear.
We document misconduct: If a prosecutor crosses the line, we make sure the record reflects it.
We fight for fair plea negotiations: We only recommend plea deals that truly serve your best interest.
We take cases to trial when necessary: Prosecutors know which defense lawyers aren’t afraid to go to court — and that changes everything.

If you’re facing a federal case, you need a defense attorney who isn’t intimidated by the U.S. government. You need a lawyer who will fight for you, not fold under pressure.


Judicial Oversight and Your Right to Fairness

Judges can and do intervene when prosecutors cross ethical or constitutional lines. Courts can:

  • Dismiss charges tainted by misconduct,
  • Reject coerced plea agreements, and
  • Sanction prosecutors who abuse their authority.

But that only happens when someone stands up and fights back. Our firm does exactly that — we bring misconduct to light and demand accountability from the government. We make sure your rights are enforced, not ignored.


What You Can Do Right Now

If you or a loved one is being pressured to plead guilty or if you believe the government is using threats or intimidation, it’s time to take action. You have rights under the U.S. Constitution, including:

  • The right to make your own decisions about your case,
  • The right to have an attorney who acts solely in your best interest, and
  • The right to a fair and voluntary plea process.

Don’t let fear make your decisions for you. Call us before you plead.


Conclusion: Fear Has No Place in Justice

At Kenney Legal Defense, we know what it’s like to go up against the full force of the federal government — and win. We’ve built our reputation on defending the accused, exposing misconduct, and standing up to prosecutorial bullying.

If you’re being pressured to plead guilty or you suspect federal prosecutors are crossing ethical lines, don’t face it alone. Let us protect your rights, your future, and your freedom.

📞 Call Kenney Legal Defense today or fill out our confidential contact form to schedule a consultation. We’ll review your case, explain your options, and stand up for your constitutional rights — every step of the way.

2900 Bristol Street, Suite C204, Costa Mesa, CA 92626
 
401 West A Street, Suite 200, San Diego, CA 92101
Karren Kenney
Criminal Defense Lawyer
Karren Kenney, a dedicated criminal defense attorney, is renowned for her unwavering commitment to defending her clients' rights and freedom. Her impressive track record in the courtroom speaks volumes about her expertise. Exclusively practicing state and federal criminal defense, Karren approaches each case with diligence, persistence, passion, and strong principles. As an experienced and assertive trial attorney, she prioritizes thorough case preparation to ensure the best possible defense for those she represents.

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