Yeah, but they can just decline to prosecute if that happens. Remember Ayn Rand - these people certainly do:

The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.

That's their theory of government - everybody is a criminal, and the government picks and chooses which criminals it punishes and which it decorates.