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X_Factor_40
Joined: 24 Oct 2005
Posts: 16380
Location: Hockeytown
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 Posted: Fri Jun 29, 2012 7:02 pm Post subject: Fairley pleads not guilty |
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Lions' Nick Fairley pleads not guilty, bench trial date set for Aug. 14
| Quote: | | Judge George Hardesty today set a bench trial date of Aug. 14 for Detroit Lions defensive tackle Nick Fairley, who pleaded not guilty to three misdemeanor charges in Mobile (Ala.) County District Court. |
| Quote: | | Hardesty told the Free Press he, not a jury, will decide whether Fairley is guilty on charges of driving under the influence of alcohol, reckless driving and attempting to elude police in connection with his May 27 arrest outside Mobile. |
| Quote: | | Fairley also was issued traffic citations for no proof of insurance and an open container in the May incident in which Alabama State troopers say Fairley passed a police car on I-10 at 1:13 a.m. traveling 100 m.p.h. in a Cadillac Escalade. |
| Quote: | | This is the second of two pending legal matters for Fairley in Mobile. He has a hearing scheduled for 9 a.m. July 31 in Mobile Municipal Court for a second-degree possession of marijuana charge. He was arrested around 12:30 p.m. April 3 near his home after neighbors complained he was speeding up and down the street. |
What do you guys think of his Not Guilty plea?
Do you think he has a better shot at getting off without a jury hearing the trial? Or, do you think that will hurt him?
What are your feelings at this point on the situation?
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Jrugges
Joined: 26 Mar 2007
Posts: 8277
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| Posted: Fri Jun 29, 2012 7:11 pm Post subject: |
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| Let the legal system play out. Doubt his lawyers would advise this if it wasn't for a good reason. |
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FootballPhreak
Joined: 09 Oct 2007
Posts: 31383
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| Posted: Fri Jun 29, 2012 7:24 pm Post subject: |
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There are a million reasons I could have told you this before it happened.
You can't get a plea bargain without pleading not guilty. Essentially the State offers a deal to a lesser count with lesser penalties to get you to plead guilty without having to spend the time, money, and effort required to prosecute you. If you plead guilty right off the top, there is no reason to offer you a bargain.
I am also certain he does not want to to that other court date having just plead guilty to a fresh crime. He is better off to let each court know of the other and plead guilty to both all at once in one big bargain sentence.
Few others, but those are the biggest ones.
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YlionsY
Joined: 28 Apr 2008
Posts: 14227
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| Posted: Fri Jun 29, 2012 8:37 pm Post subject: |
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As Jrugges and Phreak stated, just a smart legal move on his part.
This reminds me of the lions:
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LionsFan630
Joined: 13 Mar 2007
Posts: 11163
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| Posted: Fri Jun 29, 2012 9:40 pm Post subject: |
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I saw an article mentioning Fairley attended the rookie symposium this year. I'm sure that was something the Lions made him do.
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X_Factor_40
Joined: 24 Oct 2005
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Location: Hockeytown
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| Posted: Fri Jun 29, 2012 10:37 pm Post subject: |
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| LionsFan630 wrote: | | I saw an article mentioning Fairley attended the rookie symposium this year. I'm sure that was something the Lions made him do. |
Yeah, the article I posted has a paragraph or two on that. Check it out.
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diehardlionfan
Joined: 12 Mar 2007
Posts: 22015
Location: Ottawa
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| Posted: Sat Jun 30, 2012 12:16 am Post subject: |
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While it may be a legal move I don't have a great deal of respect for people that play legal games.
If he takes a plea deal then I won't have any respect for him.
If he's innocent then not guilty is the correct plea however if he is guilty, stand up, admit it, and take your punishment.
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superjoint
Joined: 29 Oct 2007
Posts: 218
Location: Bay City, Michigan
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| Posted: Sat Jun 30, 2012 11:49 am Post subject: |
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| diehardlionfan wrote: | While it may be a legal move I don't have a great deal of respect for people that play legal games.
If he takes a plea deal then I won't have any respect for him.
If he's innocent then not guilty is the correct plea however if he is guilty, stand up, admit it, and take your punishment. |
This may be one of the dumbest things I've ever heard. As Phreak said above, you always plead not guilty at arraignment. Everyone already knows he is guilty. Once the deal is offered by prosecution, part of that deal will be to change his plea to guilty in open court. He gets the lesser penalties and the court gets their guilty plea, everybody wins. Will Fairley get your respect back then? Is Fairley staying up at night wondering why he lost peoples respect? |
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SadLionFan00
Joined: 22 Jan 2008
Posts: 14342
Location: Michigan State University
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| Posted: Sat Jun 30, 2012 3:58 pm Post subject: |
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Speeding, reckless driving, driving drunk, and doing these things in a neighborhood. Not to mention the marijuana.
I would rather he go to jail for this. The man is a criminal. He could have killed a child. He should be ashamed of himself, and I am a little ashamed I root for him on the field.
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BlackandBlue
Joined: 01 Jan 2011
Posts: 1097
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| Posted: Sat Jun 30, 2012 4:26 pm Post subject: |
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| A judge instead of a jury deciding his fate is much better in his situation. Very smart move. Hopefully he can get out of this without any jail time. |
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detroitroar
Joined: 24 Jan 2011
Posts: 2949
Location: USA
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| Posted: Sat Jun 30, 2012 5:36 pm Post subject: |
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I hope he gets Jail Time, but we know that wont happen.
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qball8001
Joined: 22 Nov 2005
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Location: Arizona
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| Posted: Sat Jun 30, 2012 5:43 pm Post subject: |
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First and formost, this is not what the lawyers wanted this is what Nick wanted. As attorneys we have a duty to our clients to do what they want. The attorneys for all we know may have been pushing for Nick to take a deal.
Going to trial is not what you think it is. If it is a matter of law it will be settled by a judge, and if it is a matter of fact it goes to a jury. That is the first thing people need to understand.
I am going to guess that there is some evidentiary issue that the attorneys are going to use because I do not think this is a jury trial. As the judge said in those quotes that he will be settling the matter.
If that is the case there are some things that are possible defense, such as improper search, search without consent, or some aspect of the exclusionary rule. Also, the tests may be skewed, I am not sure on Alabama DWI (DUI) law but im pretty sure an argument can be made.
I am in my third year of law school btw.
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FootballPhreak
Joined: 09 Oct 2007
Posts: 31383
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| Posted: Sat Jun 30, 2012 5:53 pm Post subject: |
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| qball8001 wrote: | First and formost, this is not what the lawyers wanted this is what Nick wanted. As attorneys we have a duty to our clients to do what they want. The attorneys for all we know may have been pushing for Nick to take a deal.
Going to trial is not what you think it is. If it is a matter of law it will be settled by a judge, and if it is a matter of fact it goes to a jury. That is the first thing people need to understand.
I am going to guess that there is some evidentiary issue that the attorneys are going to use because I do not think this is a jury trial. As the judge said in those quotes that he will be settling the matter.
If that is the case there are some things that are possible defense, such as improper search, search without consent, or some aspect of the exclusionary rule. Also, the tests may be skewed, I am not sure on Alabama DWI (DUI) law but im pretty sure an argument can be made.
I am in my third year of law school btw. |
Clearly different states are different. I am a long time veteran of the other side of the law and it was always my choice whether to have a bench or jury trial and my lawyer would always tell me the pluses and minuses of each and why he thought I should request which one.
Also in every single case the first thing my attorney would do is tell me to plead "not guilty" for the reasons stated above. Even when I told them flat out I was guilty and just wanted to serve my time.
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diehardlionfan
Joined: 12 Mar 2007
Posts: 22015
Location: Ottawa
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| Posted: Sun Jul 01, 2012 7:32 am Post subject: |
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| superjoint wrote: | | diehardlionfan wrote: | While it may be a legal move I don't have a great deal of respect for people that play legal games.
If he takes a plea deal then I won't have any respect for him.
If he's innocent then not guilty is the correct plea however if he is guilty, stand up, admit it, and take your punishment. |
This may be one of the dumbest things I've ever heard. As Phreak said above, you always plead not guilty at arraignment. Everyone already knows he is guilty. Once the deal is offered by prosecution, part of that deal will be to change his plea to guilty in open court. He gets the lesser penalties and the court gets their guilty plea, everybody wins. Will Fairley get your respect back then? Is Fairley staying up at night wondering why he lost peoples respect? |
Sorry you think integrity, honesty and being a man that accepts responsibility for his actions is dumb.
Our society is filled with sniveling, irresponsible people whose only goal is to get away with whatever they can and if they get caught try to avoid any level of responsibility.
Based on your comments I expect you fall squarely in the later group of people.
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BlackandBlue
Joined: 01 Jan 2011
Posts: 1097
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| Posted: Sun Jul 01, 2012 1:40 pm Post subject: |
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| diehardlionfan wrote: | | superjoint wrote: | | diehardlionfan wrote: | While it may be a legal move I don't have a great deal of respect for people that play legal games.
If he takes a plea deal then I won't have any respect for him.
If he's innocent then not guilty is the correct plea however if he is guilty, stand up, admit it, and take your punishment. |
This may be one of the dumbest things I've ever heard. As Phreak said above, you always plead not guilty at arraignment. Everyone already knows he is guilty. Once the deal is offered by prosecution, part of that deal will be to change his plea to guilty in open court. He gets the lesser penalties and the court gets their guilty plea, everybody wins. Will Fairley get your respect back then? Is Fairley staying up at night wondering why he lost peoples respect? |
Sorry you think integrity, honesty and being a man that accepts responsibility for his actions is dumb.
Our society is filled with sniveling, irresponsible people whose only goal is to get away with whatever they can and if they get caught try to avoid any level of responsibility.
Based on your comments I expect you fall squarely in the later group of people. |
He also has responsibility to his family and team to not be put n jail. Which is more important that his responsibilities to anything/anyone else.
Not trying his hardest to be ready to play come September would be negligence on his part. |
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