JohnC Posted October 11, 2014 Posted October 11, 2014 (edited) I'm suggesting he is being treated differently than everyone else. So let's take our heads out of the sand and not pretend otherwise. The DA certainly knows it, and isn't proceeding, in every way, as if he would under normal circumstances. This might be one area he/she adjusts accordingly. We can go in circles and never come to agreement. But what I know about the court system is that the terms of his release are the same for everyone involved in that court system for a similar offense. As NYC Bill stated it is the judge who is dictating the terms of the release not the person standing in front of him. If you sit in a bond/release hearing you will find that the judge is not acting in an inconsistent or discriminating manner. He is acting for the most part in the standard manner. The proceedings are planned out like a script. All the attorneys in the room are aware before the proceedings occur what is going to happen. In fact if the Judge acted out of the ordinary he would come under scrutiny by the legal review system. Don't worry about AP being treated unfairly. He has one of the best criminal attorneys in the country representing him. He's the same attorney who represented Rogers Clemens. Maybe beforehand AP believed that he was immune from following the court orders. I'm sure he doesn't think that way now. Edited October 11, 2014 by JohnC
Bill from NYC Posted October 11, 2014 Posted October 11, 2014 Aye aye aye. Did I say suggest anywhere that it was a request? So, you are telling me NOBODY in the history of American jurisprudence has been given anything less than the full force of the law for every single infraction they may have committed while on bond? Is that what you are telling me, Bill? Discretion has never been used? Police use discretion and for many reasons. Here ya go..... 1) It isn't good to alienate any community when you don't have to. 2) It can help to keep a cop from getting killed. 3) The crime committed vs. the fallout might not be worth the trouble. 4) Your supervisors might want you to. Bro, the list is endless. Judges do what they want. Think about the mere premise of a bench warrant if you will. If a judge issues one against you, guess who is going to be handcuffed and brought before the bench? Yep, that's how it works. Now, how about the charge of Criminal Contempt Of Court? If the judge says that you personally are in contempt, guess who is in contempt? No jury needed mind you. The judge might let AP slide. Who knows? I get the feeling that you want him to because it's because of the fact that the term that he broke was smoking weed. No problem. I hope that the judge puts AP in jail because he, imo, is a scumbag and a piece of garbage. You however are very cool.
Rob's House Posted October 11, 2014 Posted October 11, 2014 Dean, no need for a witch hunt. The witch is in the room. He beat his kids, one until his testicles were bleeding. Let's not forget his prior incident at he club, on which he of course blamed the police. My hope is that he is punished to the full extent of the law for this, and every other crime he commits and worry not, there will be more. The real shame is that this cretin is getting paid. I don't want to defend this behavior, but I'd imagine the cut on his sac was incidental and occurred while he was trying to hit his ass. I can't imagine anyone intentionally trying to hit a small child in the nuts. We can go in circles and never come to agreement. But what I know about the court system is that the terms of his release are the same for everyone involved in that court system for a similar offense. As NYC Bill stated it is the judge who is dictating the terms of the release not the person standing in front of him. If you sit in a bond/release hearing you will find that the judge is not acting in an inconsistent or discriminating manner. He is acting for the most part in the standard manner. The proceedings are planned out like a script. All the attorneys in the room are aware before the proceedings occur what is going to happen. In fact if the Judge acted out of the ordinary he would come under scrutiny by the legal review system. Don't worry about AP being treated unfairly. He has one of the best criminal attorneys in the country representing him. He's the same attorney who represented Rogers Clemens. Maybe beforehand AP believed that he was immune from following the court orders. I'm sure he doesn't think that way now. I don't know standard practice in that jurisdiction but it seems odd to me that the judge is ordering drug tests. If he had a drug charge or was a juvenile that would make more sense, but I'd love to know what % of those granted bond on non drug related charges are tested.
DC Tom Posted October 11, 2014 Posted October 11, 2014 I'm not ashamed to say you are my very favorite poster here, for several different reasons. It's things like this that make me wonder why I'M the one diagnosed as mentally ill...
Kelly the Dog Posted October 11, 2014 Posted October 11, 2014 It's things like this that make me wonder why I'M the one diagnosed as mentally ill... If you weren't mentally ill you wouldn't wonder about stuff like that, silly.
The Dean Posted October 11, 2014 Posted October 11, 2014 Police use discretion and for many reasons. Here ya go..... 1) It isn't good to alienate any community when you don't have to. 2) It can help to keep a cop from getting killed. 3) The crime committed vs. the fallout might not be worth the trouble. 4) Your supervisors might want you to. Bro, the list is endless. Judges do what they want. Think about the mere premise of a bench warrant if you will. If a judge issues one against you, guess who is going to be handcuffed and brought before the bench? Yep, that's how it works. Now, how about the charge of Criminal Contempt Of Court? If the judge says that you personally are in contempt, guess who is in contempt? No jury needed mind you. The judge might let AP slide. Who knows? I get the feeling that you want him to because it's because of the fact that the term that he broke was smoking weed. No problem. I hope that the judge puts AP in jail because he, imo, is a scumbag and a piece of garbage. You however are very cool. What I'm saying is, in this particular case, it might behoove them to give AP a pass on this particular offense. I'll be shocked if they do more than drag him in front of the judge and release him shortly thereafter with a bump in the bond. And I think that is as it should be. I won't list all the reasons I think that is prudent. But I will say it isn't because I think AP is a great guy getting railroaded (though I probably don't feel as badly about him as you). I might wonder, if this goes to court, how many in the jury pool might perceive this. But that isn't the only reason.
3rdand12 Posted October 11, 2014 Posted October 11, 2014 It's things like this that make me wonder why I'M the one diagnosed as mentally ill... High five ! me too ! .... If you weren't mentally ill you wouldn't wonder about stuff like that, silly. If it were just that simple Kelly . if only.
Bufcomments Posted October 11, 2014 Posted October 11, 2014 AP is not on probation. He is on a bond/release status. He could have been held in jail for the charges made against him. He and his legal reps went before a judge requesting his release from custody. The judge and his reps informed AP that there were conditions associated with his release. Taking drugs were prohibited. He couldn't go near his child etc. He certainly was informed that he was also subject to being tested. Not being available for drug testing would result in a return to custody. Take the high profile football player out of this situation. If Joe Blow small time criminal was released on bond and was tested for drugs and failed what would be the result? The fool would be quickly sent to jail waiting for another release hearing. What you are advocating is that AP should be treated differently because he is a high profile professional athlete. That's not how it should be. He should be taken to jail like anyone else. Then he should have another opportunity to go before a magistrate to request another bond consideration. The magistrate would then probably release him on stricter conditions, such as an increase in bond,daily drug tests, electronic monitoring etc. My point is he should be treated like everyone else would be. what you just said is the basic problem of the justice system. It favors the wealthy, it hinders the poor. Really you are 100 percent right but that just the way it is. The more money you have, the more juice you got in the legal system because you can afford the best lawyers.
JohnC Posted October 12, 2014 Posted October 12, 2014 (edited) I don't want to defend this behavior, but I'd imagine the cut on his sac was incidental and occurred while he was trying to hit his ass. I can't imagine anyone intentionally trying to hit a small child in the nuts. It doesn't really matter where he intended to hit his child. What is apparent is that he hit the kid hard and frequently. He's a professional athlete and his kid was 4 yrs old. That is ridiculous and unacceptable. I don't know standard practice in that jurisdiction but it seems odd to me that the judge is ordering drug tests. If he had a drug charge or was a juvenile that would make more sense, but I'd love to know what % of those granted bond on non drug related charges are tested. I can't give you percentages but there is nothing unusual about court ordered drug restrictions associated with bond releases, even for crimes that have nothing to do with drugs. Without knowing the particulars of his terms odds are that he also had curfew restrictions and a stay away order included in the terms of his release. Whether the terms of the bond were fair or not is not the issue. He was well aware of the terms of the agreement. The judge, the court personnel and his attorneys made it very clear to him what he couldn't do. He was required to sign documents that listed the terms of the agreement that included on demand drug tests. I don't believe that AP is a bad person. I also don't believe that he feels he did anything wrong in the way he disciplined his child. However, being ignorant doesn't mean that the behavior in question doesn't rise to a criminal act. Smoking weed is usually not a big deal. But when you are under court scrutiny something that may seem trivial can end up being a big deal. As he now knows very well. What is going to happen is that he will be jailed for a short period of time and then be released with stricter terms. Edited October 12, 2014 by JohnC
The Dean Posted October 23, 2014 Posted October 23, 2014 Just checking in to see where we are on this matter? I see the prosecutor has gone overboard asking the judge to rescue himself (for calling BOTH the prosecution and defense lawyers "media whores"--which let's face it, they are). Has AP been re-arrested? Back in jail? Far as I can tell, the judge ignored the over-the-top requests of the prosecutor to re-arrest AP and simply let things play out. Perhaps I missed something. But I think that was the best, and most reasonable, way to handle this particular situation. Anyone have any more info?
BUFFALOKIE Posted October 23, 2014 Posted October 23, 2014 Just checking in to see where we are on this matter? I see the prosecutor has gone overboard asking the judge to rescue himself (for calling BOTH the prosecution and defense lawyers "media whores"--which let's face it, they are). Has AP been re-arrested? Back in jail? Far as I can tell, the judge ignored the over-the-top requests of the prosecutor to re-arrest AP and simply let things play out. Perhaps I missed something. But I think that was the best, and most reasonable, way to handle this particular situation. Anyone have any more info? AP out and now CJ. I'm in last place in FF.
Augie Posted October 23, 2014 Posted October 23, 2014 To recap: Don't piss off a judge.... it rarely goes well.
The Dean Posted October 23, 2014 Posted October 23, 2014 To recap: Don't piss off a judge.... it rarely goes well. Are you talking about AP for smoking weed, or the DA for grandstanding? Seems the case could be made for both.
JohnC Posted October 23, 2014 Posted October 23, 2014 Just checking in to see where we are on this matter? I see the prosecutor has gone overboard asking the judge to rescue himself (for calling BOTH the prosecution and defense lawyers "media whores"--which let's face it, they are). Has AP been re-arrested? Back in jail? Far as I can tell, the judge ignored the over-the-top requests of the prosecutor to re-arrest AP and simply let things play out. Perhaps I missed something. But I think that was the best, and most reasonable, way to handle this particular situation. Anyone have any more info? Odds are that AP is going to agree to some diversion program where he will attend some parenting classes. He has cooperated with the authorities and is not being stubborn on insisting that his behavior was acceptable. He has one of the top attorneys in the country who will guide him on doing the most intelligent thing for him, an area in which he needs a lot of guidance. I don't believe AP acted with any malice. His behavior was due to ignorance. Sometimes you act on what you know and not on what you should know. He is a product/victim of his own upbringing. That's a shame and that has to change.
seq004 Posted October 23, 2014 Posted October 23, 2014 It definitely helps with stress and without a doubt it's better than alcohol, however that was some bad timing for AP
boyst Posted November 4, 2014 Posted November 4, 2014 (edited) BREAKING: AP to plead guilty to lesser charges and avoid jail time. Edited November 4, 2014 by jboyst62
The Dean Posted November 4, 2014 Posted November 4, 2014 BREAKING: AP to plead guilty to lesser charges and avoid jail time. Seems like a reasonable and adequate deal, IMO. I do question the amount of time (and PR from both sides) it took to get to to this very reasonable decision.
boyst Posted November 4, 2014 Posted November 4, 2014 Seems like a reasonable and adequate deal, IMO. I do question the amount of time (and PR from both sides) it took to get to to this very reasonable decision. Its all about the appearance. The state hasn't done anything different for him, they merely drug their feet in an effort to appear as if they were doing more work. They did not, I am sure, although, I would bet some knuckleheads butted in on this just to be a part of the AP world. But, that boils out to a wash by the time you factor in the amount of money and expertise legal council AP surely had. As far as AP, he wanted to get enough reasonable time between the story and the settlement that he could get back in to the club. At just over halfway he can come back and sustain very little wear on his treads to let him last a year or two longer now. The big winner here is AP. While he lost a couple of game checks now he likely just extended his career by 1 year.
Deranged Rhino Posted November 4, 2014 Posted November 4, 2014 Its all about the appearance. The state hasn't done anything different for him, they merely drug their feet in an effort to appear as if they were doing more work. They did not, I am sure, although, I would bet some knuckleheads butted in on this just to be a part of the AP world. But, that boils out to a wash by the time you factor in the amount of money and expertise legal council AP surely had. As far as AP, he wanted to get enough reasonable time between the story and the settlement that he could get back in to the club. At just over halfway he can come back and sustain very little wear on his treads to let him last a year or two longer now. The big winner here is AP. While he lost a couple of game checks now he likely just extended his career by 1 year. He didn't lose any game checks. He has been paid each week unless I'm mistaken.
boyst Posted November 4, 2014 Posted November 4, 2014 He didn't lose any game checks. He has been paid each week unless I'm mistaken. Probably, yeah, sure. I don't know, I had just thought I remembered he was not getting paid. Maybe I am thinking of one of the other troubled NFL players. Greg Hardy?
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