Because of the uncertainty of the outcome and other factors, many people charged with criminal offenses betray an impatience with the seemingly interminable pace of criminal cases as they move through the criminal justice system.  Although there are certainly some courts in Texas where justice is swift and delays not tolerated, increasing populations in larger cities (like San Antonio) combined with understaffed government agencies and courts make these venues more uncommon as time goes by.  Criminal defense lawyers may have a deserved reputation for putting off cases endlessly, and no doubt some find themselves in that very position because they accept too many cases, leading to neglect and an overcrowded personal docket, but by and large, it is an accepted fact that delays in cases tend to benefit the defense (see: San Antonio Lawyer).  Let’s examine what the benefits are in a bit more detail:

First, since the Bexar County District Atttorney’s office, as agent of the State of Texas,  bears the burden of proving every criminal case beyond a reasonable doubt, it is charged with producing the evidence and witnesses necessary to convict.  As time passes, witnesses’ memories fade, witnesses die, move away or change address, police officers move on to other departments, change vocations or are even charged with crimes themselves.  All these possibilities point to the value of extending the time before any resolution in a criminal case.

Second, because of the massive numbers of cases handled by most every prosecutor, the oldest cases which have not resolved themselves receive the most attention from both the court and the prosecution; conversely, the newest cases rarely get more than a cursory read through the file prior to a plea offer.  Although past policies in the San Antonio District Attorney’s office have ostensibly encouraged the early plea bargain, in practice this has not worked out very often.  Therefore, the better defense practice is to “wait out” the prosecution, because more often then not a better deal is to be had closer to trial.

To summarize, the benefits of delay in criminal cases almost always accrue to the defense.  If your criminal defense lawyer is advising you to accept an early plea bargain from the State, ask specifically why this is to your advantage. Their may be strategic reasons for an early plea bargain, but these should be easy for any competent criminal defense lawyer to articulate.