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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 05:08 PM
Original message
Criminal lawyers, is an agreement to waive the Statute of
Limitations, if entered into with the advice of counsel, (like DeLay did) enforceable? Why would anyone do it? Makes no sense to me.
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ET Awful Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 05:14 PM
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1. If it's done as part of a plea bargain so as to have lesser charges
brought against you, then yes it's enforceable. If there was a more drastic charge that was being brought with a longer statute of limitations and Earle offered to reduce that to the conspiracy charge in return for an extension of the statute, it should be enforcable.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 05:20 PM
Response to Reply #1
2. No mention of that in the indictment. So what your are suggesting
is that the conspiracy charge is a lesser offense arising out of pre-charge bargaining? That would mean that DeLay knew for more than two weeks that this charge was on its way.
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ET Awful Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 05:26 PM
Response to Reply #2
3. I think it's a possibility.
I'm not 100% sure, but it's possible.

Of course, if it was two weeks ago that his lawyer approved the extension for the statute, then he had to have known about an indictment as of that date right?
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Geoff R. Casavant Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Sep-28-05 05:27 PM
Response to Original message
4. It's enforceable
Limitations is an affirmative defense, meaning it only becomes an issue if the defense makes an issue of it. I expect TX criminal procedure has a provision like its civil procedure that permits enforceable agreements between the State and the Defendant.

However, someone much wiser than me has already pointed out that if Delay waived his defense in exchange for a lesser charge, he really can't claim he didn't see this one coming.

Stick a fork in him boys, he's done.
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