could this impact trevor's deal in miami
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GopherLady
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Yes, the stipulation was that he would get in no legal trouble...I'm not sure if this would qualify as that.
Honestly, that's my biggest fear out of this whole mess. I honestly don't see how Tubby can suspend him, unless it raises any legal issues - in which case, he won't have a choice.
GopherLady
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I'm really surprised there hasn't been more action on this thread. To me, this is the most important factor. A lot of guys get misdemeanors, and are still able to play...many without even missing so much as a practice. Who knows what this particular incident will even amount to- if he'll be charged, if he'll be convicted, etc.
However, my biggest fear is if just this arrest alone (with no conviction or plee yet) will hinder his agreement in Miami. To me, that would be the reason why Maturi would have to suspend him.
However, my biggest fear is if just this arrest alone (with no conviction or plee yet) will hinder his agreement in Miami. To me, that would be the reason why Maturi would have to suspend him.
This is my concern as well, but commenting on things will not help it. I feel that what he did was unfortunate but should not in an of itself have any major lasting consequences. The fact that he was on probation of sorts (IANAL) is the potentially troubling aspect.
Gold Vision
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Yikes, I completely forgot about this angle. That's a costly facebook message if it comes to that.
If the charges were essentially dropped after his 100 hours, I am confused how this can affect that? The big deal of his agreement was that he never admitted guilt, if he is in legal trouble ... what can the Miami prosecution do that they couldn't before? The facts of the Miami case have not been changed in the slightest.
If he had agreed to a plea, I could see it having an effect, but being he was never found guilty of anything, how can a completely seperate case all of a sudden change the evidence in a prior, unrelated, case? It's not like the prosecution wouldn't have known about the no contact order before, and how is a jury going to convict him of assault in Miami based on a kind facebook message in Minnesota? I don't see that happening
I am not a legal expert by any means, but I don't see how the two effect each other? What power does the Prosecution in Miami actually have if he gets into trouble? Can they recharge him? and if they do, how does this incident boost their case in Miami? Are they going to read the facebook message to a jury to paint him as a "horrible, menacing person" ... good luck with that.
And with the agreement to drop the charges after the community service, can they even re charge him? Or is it similar to double jeaprody?
I get the impression that his agreement to stay out of trouble was similar to tOSU agreement to not go pro. It is all nice and dandy and looks good, but what can they really do to prevent it or punish it?
The Miami DA's office is more incompetent then Joel Maturi. IF they raise any new issues from this (I doubt they will), it won't be for months. If Joel is going to suspend Trevor 'pending this being resolved' he may as well suspend him for the rest of the season, as it will be the same difference. I fear Joel's going to do exactly that, in which case Trevor's played his last game as a Gopher.
Winona Gopher
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Is it Tubby or Maturi who is controlling whether or not he gets suspended? It sounds like Maturi is having the most say in whether or not he gets suspended because of this.
It's very fact specific. Briefly, Miami probably agreed to dismiss or nolle prosequi the case which simply means they withdrew the charge in exchange for community service and, possibly some period of time in which he would stay out of trouble. The prosecutors retained the right to refile if they felt he had violated the agreement. They may have dismissed with no terms but retained the right to refile if they felt like it. A subsequent arrest might move them to refile, but unlikely for a mere arrest.
It is also possible that Trevor's attorney got the state to dismiss with prejudice which would have given them a very short window, perhaps 30 days to file a petition. If that is the case, Florida is a done deal.
Restraining orders usually are civil in nature as it is an individual who seeks an order and not the state. As such, a simple violation of a civil order where there is disagreement over certain facts or circumstances and no subsequent physical harm is alleged is almost certainly insufficient justification to move Florida to refile, assuming they have that option.
There is an underlying implication that the complaining witness probably did not want to proceed any more than the state did and Florida is gone.
GopherJake
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That's all great information, Jazz, but - no offense - it also lays out 50 different possibilities.
Can someone with a legal/internet savvy brain look up the disposition of TM's case in Miami? *That* would be helpful to this discussion.
State Case No.: 13-2009-CF-014091-0001-XX Name: MBAKWE, TREVOR
Date of Birth: 01/24/1989
Date Filed: 04/29/2009 Date Closed: Warrant Type:
Assessment Amount: $0.00 Balance Due: $0.00 Stay Due Date:
Hearing Date: Hearing Time: Hearing Type:
Court Room: REGJB - JUSTICE BUILDING, ROOM No.: 7-4
Address: 1351 N.W. 12 ST
Judge: FERNANDEZ, JOSE L Defense Attorney: SAMMS, GREGORY
Bfile Section: F003 File Location: FILE ROOM Box Number:
Charges:
Seq No. Charge Charge Type Disposition
1 BATTERY/AGGRAVATED FELONY DEF PROSECUTION PGM
The case was handled through the Deferred Prosecution Program but the electronic file does not indicate the terms of the dispositon. It appears from articles that in addition to the 100 dollar fine and the 100 hours of coumminty service, the court continued the case for six months at which time it would have been dismissed. A deferred prosecution is very favorable to a defendant.
There is nothing in the record to indicate whether the case was dismissed with prejudice which means the time for refiling is past or whether the case was dismissed without prejudice which means it could be refiled at any time until the statue of limitations runs which under Florida law 777.15 would be three years.
That said, an arrest for violating a civil order under this fact situation along with the reluctance of the complainant in Florida essesentially means there is NO chance Florida would re-file assuming they still had jurisdiciton.
If you want to know the specifics about the order, you will have to have someone in Florida go to Clerk of Records and pull the file to see if the case was dismissed with prejudice or not.