Depends how dumb and how coward one is, then of course luck plays into it, sometimes the other guy just gets lucky.
Look up Bob Denarrd, he lived really long. Our agency did his protection when he was convicted, fella stood up after being convicted and given several years in prison and said OK, where now, Im going home. French judges had no idea what to do, who is going to tell a man with 70,000 mercs, several agencies (even one French) and a couple national armies standing behind him.
Judges tried to save face and went back without him and said he had house arrest and could travel at will with an escort. Or in other words, they could not do crap about anything.