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Tom Delay may already have a plea deal... [View All]

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txaslftist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 02:52 PM
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Tom Delay may already have a plea deal...
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When I read the indictment I found something interesting.

The long and short of the legalese is that Delay, acting with the advice of his counsel, waived his statute of limitations defense in advance of the issuance of the indictment.

You know, the statute of limitations is the part of the law that says for certain crimes you have to bring the charge within a certain number of years, months, whatever. Delay waived the 3 year statute on this charge.

He was not indicted out of the blue, then. His attorneys were aware of the pending indictment, and participated in its preparation.

Why would he waive the statute of limitations on a state jail felony charge? (Under Texas law a 'state jail felony' is a sort of cross between a misdemeanor and a felony. It's a felony, but you get probation right off the bat and you can't go to prison for it) It says he waived it with the advice of counsel.

I'm a defense attorney, Federal, and have been a state defense attorney. The only reason I would advise a client to waive a statute of limitations objection to a felony is if it were in exchange for a reduced charge.

In other words, Ronnie Earle must have told Delay's attorneys that if he didn't agree to waive the statute of limitations for a state jail felony, he would be charged with something more serious, some sort of charge with a longer statute of limitations.

Hell, this case may already be headed for a no-jail but resign sort of plea bargain.


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