Strange that the NFL "automatically" suspends any player who enters a diversion program.
I wonder what the hell is the logic behind this.
Based on the reporting, yes, he participates in diversion in lieu of them filing charges. If he completes the program and stays out of trouble, they won't file charges.You would certainly know better than me. Do you know if this would be one where it would not be required? Or does it just depend on too many variables?
Technically speaking, this type of diversion program does not involve an admission of guilt.Admission of Guilt
I believe one of our attorney members said it was likely 1 year.My issue is the Statute of limitations " clause. How fu king long is that going to be?
If you're arrested for a crime and they offer you the choice of going to trial and fighting it or diversion and them not filing charges, I can't think of many people who are going to turn down diversion. Why would I risk a conviction if I can avoid charges entirely without an admission of guilt so long as I stay out of trouble?If you go into a diversion program, it is an admission that there is a problem while trying to avoid the risks that could be involved with a trial.
Exactly. It’s just Foolio stiring shit upThat's where I'm confused. No charges are being filed, so why would Jackson enter a diversion program?
Los Angeles City Attorney’s Office spokesman Ivor Pine confirmed in a statement to The Associated Press on Monday that Jackson’s case has been assigned for a pre-filing diversion available to eligible individuals. The City Attorney Hearing is an alternative to misdemeanor criminal prosecution.
Though charges will not be filed against Jackson at this time, the case remains open and can be re-evaluated if there are more developments.
The City Attorney Hearing Program is a diversion program created in 1974 to give eligible individuals a second chance. Instead of facing formal criminal charges in court, individuals are offered an opportunity to resolve their case informally through a private meeting with a Hearing Officer.
participating in a hearing is completely voluntary, but refusing to participate may result in the case being filed in criminal court.
You are not required to participate, but declining the opportunity could increase the likelihood that formal charges are filed against you in criminal court.
Probably being offered as a carrot so they don't file charges? Not saying that as a good thing. Once again, don't trust the NFL to not suspend him.That's where I'm confused. No charges are being filed, so why would Jackson enter a diversion program?
I would imagine that the majority of the time, a person is guilty of "something" and the diversion program is a sensible way to avoid formal charges. But what about cases where someone is wrongly accused? Surely there are some who are wrongly accused and accept the diversion program because they don't want to be wrongly convicted.Technically speaking, this type of diversion program does not involve an admission of guilt.
I'm not a criminal defense attorney, but if I were and my client was offered prefiling diversion without an admission of guilt, I'd likely tell them to take it, even if they were innocent. I'm only advising them not to if we have the evidence to conclusively prove they didn't do it (and in that case, one would hope that the prosecutors would do the right thing) or if there are conditions that will be extremely difficult for them to meet during the relevant time period.I would imagine that the majority of the time, a person is guilty of "something" and the diversion program is a sensible way to avoid formal charges. But what about cases where someone is wrongly accused? Surely there are some who are wrongly accused and accept the diversion program because they don't want to be wrongly convicted.
That's why I question the NFL's logic behind assuming a diversion program is automatically an "admission of guilt." Seems contrary to the American notion of innocent until proven guilty.
What's your take on this, @jrry32 ?
What if they were to face the loss of millions and a potential multimillion dollar contract down the road? In AJs case, it’s a real concern.I'm not a criminal defense attorney, but if I were and my client was offered prefiling diversion without an admission of guilt, I'd likely tell them to take it, even if they were innocent. I'm only advising them not to if we have the evidence to conclusively prove they didn't do it (and in that case, one would hope that the prosecutors would do the right thing) or if there are conditions that will be extremely difficult for them to meet during the relevant time period.
I'm not a criminal defense attorney, but if I were and my client was offered prefiling diversion without an admission of guilt, I'd likely tell them to take it, even if they were innocent. I'm only advising them not to if we have the evidence to conclusively prove they didn't do it (and in that case, one would hope that the prosecutors would do the right thing) or if there are conditions that will be extremely difficult for them to meet during the relevant time period.
I did prosecution and criminal defense. Oftentimes diversion was the right move, especially to avoid any admission of guilt or prosecution altogether. This was especially important in matters where then accused was a member of the military (I practiced in a military heavy community) and conviction for any DV related incident had serious consequences which typically included being chaptered out. Dealing with the NFL is a major difference since they clearly have their own set of rules. Based on the limited information I have, the likely advice would be to wait out the Statute of Limitations because entering diversion could (and likely would) have immediate consequences.I'm not a criminal defense attorney, but if I were and my client was offered prefiling diversion without an admission of guilt, I'd likely tell them to take it, even if they were innocent. I'm only advising them not to if we have the evidence to conclusively prove they didn't do it (and in that case, one would hope that the prosecutors would do the right thing) or if there are conditions that will be extremely difficult for them to meet during the relevant time period.