(02-24-2023 09:57 AM)emu79 Wrote: (02-24-2023 09:07 AM)emu steve Wrote: I think everyone realizes that I thought Emoni got a raw deal all the way around, including EMU.
Legalese for those interested. [I think the technical term for Emoni's sentence was PBJ (not peanut butter and jelly) but Probation Before Judgment. The prosecutor has a lot of options how to handle a case and PBJ is one en leau of going to trial. Essentially both sides agree to it the deal and then Emoni will apply for expungement (which means the case is sealed from all eyes. Of course, Emoni has been 'convicted' in the public, because he is a public figure. If one of us had say a misdemeanor and could try to get a PBJ or nolle pros - the prosecutor decides not to prosecute - the record can be seal. How quickly depends if it is PBJ, nolle pros, or some type of conviction.
EDIT: On second thought I don't know if MI has PBJ or if it is the same in different states.. I think the essence is that probation is negotiated before the guilty plea is entered into. And there is the youthful offender stuff.
Note: If Emoni's basketball career was not on the line he could have fought the charge and probably won, esp. if it was a jury trial. Instead both the prosecutor and Emoni's legal team decided to negotiate a settlement.
So what happens in Alabama with their star MBB player (possible lottery pick). https://www.usatoday.com/story/sports/nc...332092002/
Nothing. He plays on. Not suspended pending. Not charged yet. I have no idea how I feel about Emoni's case and this case. Different, but one element, a gun, is involved. To my read, both had some tangent relationship to a gun which was NOT THEIR gun. One was charged with a felony and the other suits up for the next MBB game.
Weird, but sometimes the law can be weird. Guys, the law is not black and white. So much gray.
If the plea agreement is sealed and not subject to Freedom of Information or the public none of us except the parties to the plea agreement know the details what charges were dropped and against who. Whether is was fair or unfair is between the parties to decide. Whether a jury would have acquitted him is something we will never know unless the agreement is violated and it goes to trial. I am fairly certain that if either side "leaks" the details of the agreement it is null and void and they go to trial. Ultimately Emoni gets to attend classes and play basketball and maybe do community service and get this off his record. To me that seems fair for a first time offender and a big a win for him and his family. We can all debate if a non celebrity non athlete in the identical circumstances would have gotten the same deal. But that would be counting the number of angels on a pin head.
I didn't link the article I read about Emoni and expungement. Maybe I should have.
What ix expungement? Expungement is a process by which cases are 'sealed' or removed from public view, including law enforcement, government agencies, etc.
When does this happen? The quickest and easiest are if the prosecutor does not wish to prosecute (called nolle pros) the case (what lawyers call b*ll s*it cases) OR acquitted or found not guilty. The defense attorney files papers (I think it is considered a 'motion') to have the records sealed and the judge rules on it. That is quick and easy. The purpose, obviously, is to clear the defendant's name. Certain offenses can be career enders esp. for say teachers, medical professionals, clergy, etc.
The next type is where there is say PBJ. States determine how long the case is open to inspection until it can be expunged. I haven't looked, but I assume one could find Emoni case. It is public until the motion to expunge is granted. Of course, the problem with being famous is if you cough in public (does he have Covid????) the whole world knows. (P.S. I do NOT know if there are different rules under youthful offenders as compared to those of full adult age.)
Expungement is considered differently for a not guilty finding vs. say PBJ. Not guilty can be processed immediately. Think I read 18 months for Emoni's case (presumably PBJ).
In Emoni's case, anyone who would 'hire' him (e.g. NBA) can find the details of his case from his attorney, etc. If a teacher is charged with some B.S. case, and found not guilty, acquitted, nolle pros, etc. that still casts a shadow...