Nuke still in the slammer - well, not anymore

#27
#27
EezyE said:
In Tennessee there is no armed robbery. It would be aggravated robbery. In this instance, it is attempted aggravated robbery. Under Tennessee law, since there was no one harmed, and since there was no money or property taken, they would be eligible for a pre-trial diversion if their juvenile records are spotless.
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I do not practice criminal law but I was thinking about this yesterday. Aggravated Robbery is a Class B felony per 39-14-402. Per 40-15-105, Class A & B felonies are not eligible for pretrial diversion. However, under the inchoate statutes, attempt to commit a felony is one class lower than the most serious offense attempted. Therefore, attempted aggravated robbery is a Class C felony per 39-12-107. Certain Class C felonies are not eligible for pre-trial diversion per 40-15-105(a)(1)(B)(iii) but NOT attempted aggravated robbery. If these guys do skate, it's going to be by the skin of their teeth.
 
#31
#31
VolunteerHillbilly said:
I do not practice criminal law but I was thinking about this yesterday. Aggravated Robbery is a Class B felony per 39-14-402. Per 40-15-105, Class A & B felonies are not eligible for pretrial diversion. However, under the inchoate statutes, attempt to commit a felony is one class lower than the most serious offense attempted. Therefore, attempted aggravated robbery is a Class C felony per 39-12-107. Certain Class C felonies are not eligible for pre-trial diversion per 40-15-105(a)(1)(B)(iii) but NOT attempted aggravated robbery. If these guys do skate, it's going to be by the skin of their teeth.
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Winner, winner, chicken dinner. If in fact attempted aggravated robbery is eligible for pretrial diversion, they could get a legal second chance. However, individually, they'll need to not have a record of any kind to be eligible for diversion. The diversion would then put them on probation for roughly one year - baring any breach of probation, the charges would disappear. If they got into trouble again, they would get the charges and likely the maximum penalty.
 
#32
#32
notaguru2 said:
Winner, winner, chicken dinner. If in fact attempted aggravated robbery is eligible for pretrial diversion, they could get a legal second chance. However, individually, they'll need to not have a record of any kind to be eligible for diversion. The diversion would then put them on probation for roughly one year - baring any breach of probation, the charges would disappear. If they got into trouble again, they would get the charges and likely the maximum penalty.
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I wonder if this has anything to do with why they haven't been kicked off the team yet. Can UT lawyers help facilitate a much lesser penalty for them? I know public defenders have a negative stereotype that they might not be confident/motivated enough to see something like this to it's conclusion.

I could see Kiffin and the UT administration cutting ties with them right after they make sure that these kids aren't going away for multiple years.

Pure speculation, but interesting to think about.
 
#34
#34
VolsRule said:
Why don't the UT attorneys bail him out, or arrange bail???
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That's a pretty good question. Impermissible benefit maybe? As anal as the NCAA is about little stuff, I'm guessing they would blow an aneurysm if the school posted bond or provided counsel to represent a player for something done outside the scope of normal athletic or student activities.

Anybody got a NCAA rulebook just lying around?
 
#35
#35
VolunteerHillbilly said:
I do not practice criminal law but I was thinking about this yesterday. Aggravated Robbery is a Class B felony per 39-14-402. Per 40-15-105, Class A & B felonies are not eligible for pretrial diversion. However, under the inchoate statutes, attempt to commit a felony is one class lower than the most serious offense attempted. Therefore, attempted aggravated robbery is a Class C felony per 39-12-107. Certain Class C felonies are not eligible for pre-trial diversion per 40-15-105(a)(1)(B)(iii) but NOT attempted aggravated robbery. If these guys do skate, it's going to be by the skin of their teeth.
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Or they charge them with a lesser-included offense, that happens all the time. I've seen someone charged with DUI plead to reckless driving, which isn't even a lesser-included offense. So they plead to larceny, or whatever TN's equivalent is, and get diversion.
 
#37
#37
The per capita income for the Pahokee is $10,346. Nuke's bond is set at $19,500. That might have something to do with it.
 
#38
#38
VolunteerHillbilly said:
Hate to say it, but this may be the best place for him until things calm down a bit. I'm not sure he wouldn't do something crazy if he got out right now, especially with the team being out-of-town. Maybe he stays in a few days, meets some real hard criminals, realizes he doesn't want to be one of them and reprioritizes his life.
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Agree 100%
 
#39
#39
VolunteerHillbilly said:
Hate to say it, but this may be the best place for him until things calm down a bit. I'm not sure he wouldn't do something crazy if he got out right now, especially with the team being out-of-town. Maybe he stays in a few days, meets some real hard criminals, realizes he doesn't want to be one of them and reprioritizes his life.
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I agree.
 
#40
#40
volinathens said:
False. This is true for some misdemeanors, but definitely not true for a felony. My first felony criminal defense case (only licensed in GA) was an aggravated assault (threatening with a firearm) and armed robbery (which has the same punishment as attempted armed robbery), and my client got 20 years in prison. These guys will get minimum 5 years in prison even if they only plea to one of the final charges. Suffice it to say that JJ was completely fortunate to be released.


Apparently eazyE knows more abou TN law than I do. I will defer to him
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Then you sir are a horrible lawyer :eek:k:
 
#42
#42
I'll begin with this disclaimer: I wasn't there; I haven't spoken with anyone who WAS there; and I can't get Miss Cleo (psychic joke) to answer the phone, so...

...It would appear that at least two of the three were involved in an incident in which a pellet gun was pointed at two (apparent) strangers, and an armed robbery was attempted, thus...

...Had I been the apparent stranger, the UT Football team would have been short at least two players, and planning a memorial service next week. 'Nuff said about that. Don't bring a Crosman to a Colt show. Those two idiots should be glad they were incarcerated, and not embalmed.

If...IF...the story we've heard is accurate, then Richardson and Edwards should be gone. Yesterday. End of debate. Off the team, out of school, and next stop the Tennessee Department of Corrections.

Jackson, I'm not so sure about, but there sure seems to be trouble always in his hip pocket. If he stays on the team...if he had NO knowledge...and NO role in this...then we'll see you next spring, hoss...and know this: one more strike, and you're out. Period. No questions asked. Take your thug-ass to Division II, and hope the Raiders draft you.

Again, pending the full story, that would be where I stand. Spare me the speech about young people doing stupid things. Yes, I was young, once, a long time ago. Yes, I did stupid things. But I never pulled (or attempted) a robbery with a pellet gun. And I hope...seriously....no young fool ever attempts that stunt on me. We're both gonna regret how that one turns out.

Kiffin needs to stand tough on this one.

Go Vols.
 
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#43
#43
If Nuke is stuck in the slammer because no one in Knoxville is willing to post bail for him, then you can kiss a good bit of your recruiting franchise in FL goodbye.

What Nuke did is pretty bad, but he'll get some credit for being a first time offender and from the victim's statements.

For better or worse, UF provides legal counsel for it's student athletes (bring on the jokes) and we don't see the kids stuck in jail while awaiting trial.

For a 19,500 bond, it generally means 10% up front, although if Nuke is considered a flight risk, whoever posts bond would have to be williing to accept the flight risk and pony up the other 90% if Nuke were to leave.

At any rate, you have a picture of a poor Florida kid stuck in Tennessee in jail without even having local family to visit him. Is it his fault? Yes it is. But it's still not an attractive image for the next poor kid from Florida who UT comes after.

If $25K is a good investment for a billboard in SoFla, 20K in bail for Nuke is a better one. Some boosters should pony up.
 
#44
#44
GreyWolf1129 said:
I'll begin with this disclaimer: I wasn't there; I haven't spoken with anyone who WAS there; and I can't get Miss Cleo (psychic joke) to answer the phone, so...

...It would appear that at least two of the three were involved in an incident in which a pellet gun was pointed at two (apparent) strangers, and an armed robbery was attempted, thus...

...Had I been the apparent stranger, the UT Football team would have been short at least two players, and planning a memorial service next week. 'Nuff said about that. Don't bring a Crosman to a Colt show. Those two idiots should be glad they were incarcerated, and not embalmed.

If...IF...the story we've heard is accurate, then Richardson and Edwards should be gone. Yesterday. End of debate. Off the team, out of school, and next stop the Tennessee Department of Corrections.

Jackson, I'm not so sure about, but there sure seems to be trouble always in his hip pocket. If he stays on the team...if he had NO knowledge...and NO role in this...then we'll see you next spring, hoss...and know this: one more strike, and you're out. Period. No questions asked. Take your thug-ass to Division II, and hope the Raiders draft you.

Again, pending the full story, that would be where I stand. Spare me the speech about young people doing stupid things. Yes, I was young, once, a long time ago. Yes, I did stupid things. But I never pulled (or attempted) a robbery with a pellet gun. And I hope...seriously....no young fool ever attempts that stunt on me. We're both gonna regret how that one turns out.

Kiffin needs to stand tough on this one.

Go Vols.
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well said! Agree 100%
 
#45
#45
miraclemax said:
If Nuke is stuck in the slammer because no one in Knoxville is willing to post bail for him, then you can kiss a good bit of your recruiting franchise in FL goodbye.

What Nuke did is pretty bad, but he'll get some credit for being a first time offender and from the victim's statements.

For better or worse, UF provides legal counsel for it's student athletes (bring on the jokes) and we don't see the kids stuck in jail while awaiting trial.

For a 19,500 bond, it generally means 10% up front, although if Nuke is considered a flight risk, whoever posts bond would have to be williing to accept the flight risk and pony up the other 90% if Nuke were to leave.

At any rate, you have a picture of a poor Florida kid stuck in Tennessee in jail without even having local family to visit him. Is it his fault? Yes it is. But it's still not an attractive image for the next poor kid from Florida who UT comes after.

If $25K is a good investment for a billboard in SoFla, 20K in bail for Nuke is a better one. Some boosters should pony up.
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Yes, and the billboard should say, SEE WHAT HAPPENS TO FL THUGS WHO COME TO TN? FL THUGS NEED NOT APPLY"
 
#46
#46
If there are "poor Florida kids" not coming to UT because we wont bail football players out of jail when they try to rob people then they dont need to come here.
 
#47
#47
miraclemax said:
If Nuke is stuck in the slammer because no one in Knoxville is willing to post bail for him, then you can kiss a good bit of your recruiting franchise in FL goodbye.

What Nuke did is pretty bad, but he'll get some credit for being a first time offender and from the victim's statements.

For better or worse, UF provides legal counsel for it's student athletes (bring on the jokes) and we don't see the kids stuck in jail while awaiting trial.

For a 19,500 bond, it generally means 10% up front, although if Nuke is considered a flight risk, whoever posts bond would have to be williing to accept the flight risk and pony up the other 90% if Nuke were to leave.

At any rate, you have a picture of a poor Florida kid stuck in Tennessee in jail without even having local family to visit him. Is it his fault? Yes it is. But it's still not an attractive image for the next poor kid from Florida who UT comes after.

If $25K is a good investment for a billboard in SoFla, 20K in bail for Nuke is a better one. Some boosters should pony up.
Click to expand...

Us Tennessee folks anit as good at the legal stuff as you Florida people...
 
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