MsFacetious
What a Kerfuffle...
- Joined
- Jun 2, 2010
- Messages
- 21,624
- Reaction score
- 33,040
There are absolutely legitimate reasons for a defendant to allow delays. Even when they are innocent and incarcerated. Especially then.
I'm dealing with two right now who have trusted their counsels advice. Both are now at the point where the delays are no longer helping their case and so we are pushing for trial.
Both would vastly prefer prison to being held in jail. They have agreed to the delays to increase their chances of an acquittal. A few years in jail before exoneration is better than life in prison after wrongful conviction.
The prosecution has been the one to request every delay in these two cases. One 2.5 years and one 3 years. They have delayed because they realize they are screwed. A more ethical prosecutor would have dismissed a long time ago when the case started falling apart.
We used the delays to further investigate and prove lies or alibis. Now we are done allowing delays and the prosecution is upset we want to go to trial, because they don't have a case.
They were told by the judge this month that the cases will be dismissed with prejudice if they cannot go to trial as scheduled. There have already been misconduct issues with the prosecutor, the judge is fed up.
The two cases I'm working on are both much much stronger because of the delays. The hope being that they will be out after a few years awaiting trial instead of life in prison. I feel much better about the odds now than I did two years ago.
If the defendant is guilty I'm sure it's different. However, YES there are perfectly legitimate reasons for an innocent man to remain in jail while his team builds a case. Absolutely.
"Do you want a quick resolution or an acquittal?"
I'm dealing with two right now who have trusted their counsels advice. Both are now at the point where the delays are no longer helping their case and so we are pushing for trial.
Both would vastly prefer prison to being held in jail. They have agreed to the delays to increase their chances of an acquittal. A few years in jail before exoneration is better than life in prison after wrongful conviction.
The prosecution has been the one to request every delay in these two cases. One 2.5 years and one 3 years. They have delayed because they realize they are screwed. A more ethical prosecutor would have dismissed a long time ago when the case started falling apart.
We used the delays to further investigate and prove lies or alibis. Now we are done allowing delays and the prosecution is upset we want to go to trial, because they don't have a case.
They were told by the judge this month that the cases will be dismissed with prejudice if they cannot go to trial as scheduled. There have already been misconduct issues with the prosecutor, the judge is fed up.
The two cases I'm working on are both much much stronger because of the delays. The hope being that they will be out after a few years awaiting trial instead of life in prison. I feel much better about the odds now than I did two years ago.
If the defendant is guilty I'm sure it's different. However, YES there are perfectly legitimate reasons for an innocent man to remain in jail while his team builds a case. Absolutely.
"Do you want a quick resolution or an acquittal?"