New transactions are selected randomly to be verified. So in case the attackers transaction is still not confirmed there is a chance to outspend him by having the private keys. I find this useful in understanding the confirmation/consensus mechanism.
https://forum.iota.org/t/iota-consensus-masterclass/1193
So it works a bit like replace-by-fee on bitcoin? There is no mining on IOTA so what is the possible time frame? do you have more detailed technical information how this works? Thanks