Dennard arrested for DUI

[Jimke]

From a fan's perspective, this is the important part:

District Court Judge Robert Otte told Dennard that the conditions of his probation remain. That allows Dennard to leave the state to attend training camp in Foxboro.​

August 12 is the court date for the DUI.

August 27 is the court date for the Violation of Probation.

My guess is that the DUI case will not be resolved on August 12, and because of that the VoP case will be rescheduled for a couple of weeks after the next DUI court date DUI case has to be settled.

It Is What It Is » Alfonzo Dennard arraigned in Nebraska court, gets OK to attend Patriots training camp

Dennard can head to Patriots' training camp : Journal Star Breaking News

I can't figure out why the D.A. rushed the parole violation before the
DUI thing was settled. Out to screw Dennard?

 

[Kontradiction]

Good to see Belichick confirmed what I and others have been saying since this happened. He stated, specifically, that the team takes each incident on a case by case basis. That's critical thinking for you and it was refreshing to see that the team wasn't about to just up and release it's second best CB because of an idiotic move he made with horrific timing.

 

[supafly]

So apparently he was granted a hearing as to his DUI charge violated his parole. Anyone of our resident lawyers want to tell us what this means, if anything?

Report: Dennard hearing set for August 27 | Comcast SportsNet - CSNNE.com

Well he already had a hearing set for the July 31.

I think it essentially just means the judge is in no rush to violate his probation because if he/she was the hearing wouldn't have been rescheduled a month out.

From a fan's perspective, this is the important part:

District Court Judge Robert Otte told Dennard that the conditions of his probation remain. That allows Dennard to leave the state to attend training camp in Foxboro.​

August 12 is the court date for the DUI.

August 27 is the court date for the Violation of Probation.


My guess is that the DUI case will not be resolved on August 12, and because of that the VoP case will be rescheduled for a couple of weeks after the next DUI court date.


It Is What It Is » Alfonzo Dennard arraigned in Nebraska court, gets OK to attend Patriots training camp

Dennard can head to Patriots' training camp : Journal Star Breaking News

The normal process (for Nebraska anyway) is to arraign the defendant on the VOP charge and then to set another court date approximately one month later.

This was done today.

The only real difference is that Dennard's attys did it today so that it wouldn't interfere with training camp next week on 7/31, so they moved it up a bit.

We were all expecting to have him return to court sometime in the beginning of Sept, and the only difference is that it's now the end of August (27th). Everything that happened today would have happened next week on 7/31, but his attys didn't want to have one more thing interfere with TC, as he already will be interfering enough.

I suspect that jmt57 is correct and that his attys will continue to argue for a continuance until there is some resolution to the "new" charges; however the prosecution violated him early for a reason and issued a revocation order asking the judge to immediately revoke his probation prior to hearing the new case.

Since they went after him hard from the get-go, whereas most other cases are allowed a resolution first, it will be interesting to see what the judge ultimately decides. If the defense can continue to get it postponed we should be fine for this season as fans; however I'm not holding my breath that will be what happens.

 

[mgteich]

I understand that Dennard can delay the DUI case, and thereby likely the violation of probation hearing. I'm not sure this would be best for the pats. I want Dennard for the playoffs. I think that the danger of delay is that when both legal actions are completed, and a suspension is being considered, we'll be at mid-season or later.

The normal process (for Nebraska anyway) is to arraign the defendant on the VOP charge and then to set another court date approximately one month later.

This was done today.

The only real difference is that Dennard's attys did it today so that it wouldn't interfere with training camp next week on 7/31, so they moved it up a bit.

We were all expecting to have him return to court sometime in the beginning of Sept, and the only difference is that it's now the end of August (27th). Everything that happened today would have happened next week on 7/31, but his attys didn't want to have one more thing interfere with TC, as he already will be interfering enough.

I suspect that jmt57 is correct and that his attys will continue to argue for a continuance until there is some resolution to the "new" charges; however the prosecution violated him early for a reason and issued a revocation order asking the judge to immediately revoke his probation prior to hearing the new case.

Since they went after him hard from the get-go, whereas most other cases are allowed a resolution first, it will be interesting to see what the judge ultimately decides. If the defense can continue to get it postponed we should be fine for this season as fans; however I'm not holding my breath that will be what happens.

 

[Rob0729]

The normal process (for Nebraska anyway) is to arraign the defendant on the VOP charge and then to set another court date approximately one month later.

This was done today.

The only real difference is that Dennard's attys did it today so that it wouldn't interfere with training camp next week on 7/31, so they moved it up a bit.

We were all expecting to have him return to court sometime in the beginning of Sept, and the only difference is that it's now the end of August (27th). Everything that happened today would have happened next week on 7/31, but his attys didn't want to have one more thing interfere with TC, as he already will be interfering enough.

I suspect that jmt57 is correct and that his attys will continue to argue for a continuance until there is some resolution to the "new" charges; however the prosecution violated him early for a reason and issued a revocation order asking the judge to immediately revoke his probation prior to hearing the new case.

Since they went after him hard from the get-go, whereas most other cases are allowed a resolution first, it will be interesting to see what the judge ultimately decides. If the defense can continue to get it postponed we should be fine for this season as fans; however I'm not holding my breath that will be what happens.

I still think you are being overly negative about this. It is a friggin suspicion of DUI case. No matter what people think about a DUI personally, in the eyes of the law it is a minor offense. The judge is most likely going to give Dennard the extension his lawyer since his place of employment is a 1,000 miles away and he only works 4 months out of the year. And even if the judge rules, it will likely be at worst an extra 30 days in the clink.

Judges see people under probation come in for violent crimes and multiple offenses. Typically, minor offenses (again in the eyes of the law) get relative wrist slaps. He got 30 days for assaulting an officer. The judge who gave him that isn't going to incarcerate him for months or years for a suspicion of DUI with no actual proof he was over the legal limit.

I am far more worried about Judge Goodell and his fines than the judge in Nebraska.

 

[mgteich]

I agree.

Whether Dennard spends one or two months, or even three months in jail after the season is of little consequence.

I am far more worried about Judge Goodell and his fines than the judge in Nebraska.

 

[Rob0729]

I understand that Dennard can delay the DUI case, and thereby likely the violation of probation hearing. I'm not sure this would be best for the pats. I want Dennard for the playoffs. I think that the danger of delay is that when both legal actions are completed, and a suspension is being considered, we'll be at mid-season or later.

If he successfully delays his hearings, he will be able to delay them until after the season. Happens all the time for players in all sports. Unless the judge is a hard ass (and she doesn't appear to be based on her original ruling), it will be fairly easy for Dennard's attorney to get a continuance. Since his work is 1,000 miles away, they can argue he cannot properly assist in his defense until after the season.

We are talking months here. No reasonable judge would deny that.

People seem to forget most court systems are backlogged. Many judge love when defendants ask for continuances so they can lighten the load a bit.

 

[Joker]

I still think you are being overly negative about this. It is a friggin suspicion of DUI case. No matter what people think about a DUI personally, in the eyes of the law it is a minor offense. The judge is most likely going to give Dennard the extension his lawyer since his place of employment is a 1,000 miles away and he only works 4 months out of the year. And even if the judge rules, it will likely be at worst an extra 30 days in the clink.

Judges see people under probation come in for violent crimes and multiple offenses. Typically, minor offenses (again in the eyes of the law) get relative wrist slaps. He got 30 days for assaulting an officer. The judge who gave him that isn't going to incarcerate him for months or years for a suspicion of DUI with no actual proof he was over the legal limit.

I am far more worried about Judge Goodell and his fines than the judge in Nebraska.

yeah...cuz as everyone thought they knew and then ran with it in the press, Goodndull was thought to be a lawyer...and he said NOTHING to the contrary..until Joe Kerr revealed the numbskull's generic "business degree" as his ONLY collegiate accomplishment. "Judged" by Goodell should be subject to an immediate REWARD of 10 million dollars from the NFL non-specific slush fund.

Now Mr. Goodell...it WAS reported biographically for over a decade that you were FIRST an employee of the NY Jets and THEN, upon Mr. Hess 's recommendation and after several (20) rejections, you were hired by the NFL office...yet as of today that information has been amended to show a starkly different timeline...care to comment?

well, let's set the record straight on this and get it through your thick heads...I was FIRST hired by the NFL and after a year was asked to work for the NY Jets in the hopes that I , Roger Goodell, He Who Has Always Wanted To Be Commissioner Of The NFL, could straighten out Leon Hess's mess...which I did...at which point I quit and was rehired back to my former assistant commissioner position with the NFL.

uh...we see BUT...it clearly states you were an INTERN with the Jets...this seemingly conflicts with YOUR description...and the NFL to Jets to NFL timeline of employment is singular in the HISTORY of the NFL...care to respond to that?

Here's my goddyamed response ...I AM THE COMMISSIONER!!!! You got it? I make the rules. I am judge ,jury and executioner If I say that's how it was then THAT'S how it was...and is and will always be!!!

uh...well..anyway...thanks for your time omissioner...and you should probably look into that facial tic every time you click your heels and give the Sieg Heil salute...

 

[supafly]

I still think you are being overly negative about this. It is a friggin suspicion of DUI case. No matter what people think about a DUI personally, in the eyes of the law it is a minor offense. The judge is most likely going to give Dennard the extension his lawyer since his place of employment is a 1,000 miles away and he only works 4 months out of the year. And even if the judge rules, it will likely be at worst an extra 30 days in the clink.

Judges see people under probation come in for violent crimes and multiple offenses. Typically, minor offenses (again in the eyes of the law) get relative wrist slaps. He got 30 days for assaulting an officer. The judge who gave him that isn't going to incarcerate him for months or years for a suspicion of DUI with no actual proof he was over the legal limit.

I am far more worried about Judge Goodell and his fines than the judge in Nebraska.

How am I personally being "overly negative" about anything?

I simply explained the process for the state of Nebraska as it pertains to violation of probation hearings because a few people asked what it meant.

He was arraigned today on a violation of probation charge, and as usual in that state the next step of the process was scheduled for approximately a month later--just as it would have been if it took place next week instead. That's why I explained in a very matter of fact way, so I'd ask that you went back and re-read my comments. I appreciate your position and I defended Dennard in the original cop assault case when many others assumed jail time. I actually assumed that he'd have a small suspended sentence, and I'd have pegged it on the head had he refrained from getting into more trouble, b/c the defense was close to having his March 2014 30 day sentence suspended, and the judge even stated that she'd "greatly take that into consideration" come March if he just remained trouble free. I can understand you wanting to stick up for him, but I'm just not convinced that he won't have to face his new VOP charges prior to the end of the season. That's all I am stating.

You seem to think that it's a slam dunk that the judge will automatically postpone all proceedings for some reason. Your main argument is that the new charges haven't played out yet...but that doesn't matter one bit or the state wouldn't have already arraigned him on a VOP!! The process already started, so the prosecution has already began to get what they wanted. I'm not even beginning to speculate on what his punishment will be b/c the spectrum is so enormously broad. I think that you're right that it won't be much of anything, but that isn't what we're talking about. We're talking about whether or not he'll have to face the VOP charges prior to the new DUI being completing, and it's looking like that's a decent possibility--at least 50/50 in my opinion. I don't feel that anything about what I've said has been "overly negative" in the least bit.

 

[supafly]

If he successfully delays his hearings, he will be able to delay them until after the season. Happens all the time for players in all sports. Unless the judge is a hard ass (and she doesn't appear to be based on her original ruling), it will be fairly easy for Dennard's attorney to get a continuance. Since his work is 1,000 miles away, they can argue he cannot properly assist in his defense until after the season.

We are talking months here. No reasonable judge would deny that.

People seem to forget most court systems are backlogged. Many judge love when defendants ask for continuances so they can lighten the load a bit.

While I've said now several times that you bring up some fine points and that I tend to agree with you about a lot of it, let me propose a couple of important questions just for the sake of respectful debate:

1. Why didn't the defense have their postponement granted today then if they'll definitely get it? Why was he arraigned on the VOP charges then today and the next court date set for the usual 30 days or so?

2. What use was the prosecution coming at him so hard and immediatelty deciding to ask for a revocation of his probation if the judge and prosecution are "happy" to postpone cases due to backlogging? If they don't really care one way or another as to when it's heard and are willing to allow the new DUI charges to play out first, then why would they file a motion only days later immediately asking for the process to start (which was granted), and why would they claim that he's already broken the law in his actions so far? Better yet, why would they have arraigned him on these VOP charges?

I hope that you're correct that this will all be pushed back until the end of the season, and I do think that there's a decent chance that you're right, but all I'm saying is that the prosecution was very hard on him last time and they are once again coming very hard at him this time too---so that makes it very interesting; especially the fact that they immediately charged him with a VOP and asked for a revocation when they simply could've done that IF he were ever found guilty. In other words, they are doing things a little bit differently than usual and that's why there is some concern.

I think the biggest concern is that the process has already started. He was formally arraigned today on the violation of probation charges. Had that been postponed, then I wouldn't have any concern and would agree with you 100%. Instead the case is going on as planned.

 

[supafly]

I understand that Dennard can delay the DUI case, and thereby likely the violation of probation hearing. I'm not sure this would be best for the pats. I want Dennard for the playoffs. I think that the danger of delay is that when both legal actions are completed, and a suspension is being considered, we'll be at mid-season or later.

I think the main question is whether or not he can indeed postpone those the VOP case long enough. That's the main question of course. The DA is arguing that he's already broken the law and that happened when he refused the test and got arrested. The defense will likely try to postpone the VOP charges. Where it lies will be the judge's decision, and that's the million dollar quesion.

The new DUI case postponement is almost guaranteed in my opinion. I don't see any reason why that won't be postponed, for reasons that Rob has stated along with some others. The real question is whether or not the VOP will be postponed at some of the stages. Today it was not postponed, and he was arraigned on the VOP charges just as the state requested.

The only difference was that Dennard and his lawyers found it prudent to do it one week earlier, rather than miss another day of TC which he'll likely already have to do on 8/12 for the DUI--even though a postponement of that is likely in my opinion.

It isn't the punishment that I'm remotely concerned about. It's the fact that we don't know for sure if he'll be able to fend off the prosecution coming at him so hard for the immediate revocation of the probation--although even if that happens, there is a very wide spectrum of punishments available, so I don't think that's the main concern.

As you said--if they can't fully get it pushed back then it will indeed mesh with the season, and then the likely Goodell suspension will come into effect. I'd agree with you that will happen either towards the middle to end of the season, or they'll be successful in getting both cases pushed back as per Rob's opinion. The only thing we can do is wait and see, but to this point we have absolutely nothing to point towards a sure thing from the defense; especially since the case and arraignment went on as scheduled today with the next step to take place on 8/27.