Wednesday, December 3, 2008

Criminal Defense: The Delay Strategy

In our criminal defense practice, we employ a variety of strategies to help our clients evade responsibility for their actions. One of our favorites is the Delay Strategy.

For starters this has nothing to former congressman Tom DeLay. While we have in fact managed to substantially delay the charges against him in Texas about violating campaign finance laws, we've been playing this game since long before our Tommy-boy was even born.

The Delay Strategy is simple, even elegant. We do everything we can to make the case take as long as possible. The longer it takes the more chances there are that the cops or witnesses involved will die, disappear, retire, move away, etc. We don't go out of our way to make these things happen, but it's just a matter of time. Of course there are cases where our clients can afford those kinds of services in addition to our regular legal work, but usually we just hope the delay does it on its own.

The numbers behind this approach are pretty compelling. You figure that most cops retire after 20 years. So right there about 5% of cops will retire if your case hangs around for just one year. A whole variety of things can also happen. They can die, change jobs, get arrested, and so on. So if there's just one cop involved in your case, and you can stall for a couple years, you're already at about a 20% chance of a big problem for the prosecution.

Now take the cases where there are two or three cops and maybe one or two other witnesses. If you can stall that one for a few years you might get to a 50% chance of winning on that alone.

Combining the Delay Strategy with all of the other options in our arsenal, you can see how Dewey Cheatham & Howe can dramatically increase the chances of you beating the rap. And with our hourly billing approach, the longer it takes, the more money we make too. So everyone wins.

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