I don’t know how some lawyers sleep at night. While I accept that everyone has a right to a robust defence, it is unfair that a better resourced defence is able to get someone off a theft charge merely by spending more than the prosecution.

I have seen this too often in cases involving employee theft in small businesses. We gather the evidence of fraud from the computer system, the owner marries this up with the roster, they or the police bring in a camera to catch a theft and charges are laid. That all seems straightforward. Unless the alleged perpetrator or their parents are rich and they get a smart defence lawyer.

A smart defence lawyer locks the prosecutor and the experts on the side of the small business owner in a battle about expert evidence. The prosecutors decide it’s all too hard and withdraw the charges.

These defence lawyers plan the man. That is, they chase after every witness for the prosecution, questioning their credentials and belittling their evidence. This happens long before the first day of the trial, wearing everyone down, tying people up in games and taking them away from their businesses.

I’ve seem small business owners glad to walk away from a court cases against employees who stole from them just so they can get their life back. The emotional pain of the months and years after theft and before the trial take a huge toll.

Yeah, I don’t know how these defence lawyers sleep at night.

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