Is Delay an Advantage to the Defense in a Criminal Case?

Posted by Richard Lawson | Nov 01, 2016 | 0 Comments

Unless the accused needs to have a quick outcome of the case, usually for work-related purposes, a delay is an advantage to the defense in a criminal case.  

F.I.R.D. Defense:


In jurisdictions like Fulton County Georgia, it may take up to two years before a defendant has an arraignment in their DUI case.  In that time, the arresting officer may have been fired by his police department.  If the separation was for cause, he or she might not be willing to come in and testify against one of our clients.  He or she may have also moved away as a result of being released from employment.  The unavailability of the arresting officer can lead to a reduction in the charge or a dismissal.


It may seem unusual, but many police officers are arrested for violations of their oath or non-work related crimes.  The percentage of police officers accused of crimes is similar to the rest of the population.  It does not happen often, but with delay comes the possibility that the arresting officer may be in more trouble than the person he accused of a crime.


When police officers retire, they almost never retire in the same jurisdiction in which they patrolled.  Just like a grandmother when she moved to Florida, most police officers move away to somewhere they are not known and where they can have a quiet life. If the move is far enough away, they will not respond to a subpoena to come to court.


There is no joy in this subject.  It sadly happens. 

Moral of the Story:

The point I am trying to make is that a person charged with a crime should never give up early in the process.  Anything can happen between arrest and the final disposition of a case.  It is important to have a Georgia DUI Attorney ready to take advantage of anything that comes up in a person's case.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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