An attorney's perspective: What will likely happen to Hardy from a legal standpoint :(

[top dawg]

OK, it is speculation, but at least it's from the perspective of a lawyer who is adept with the legal mind, and apparently connected to the NFL seeing that interested teams---as in interest in Hardy---have contacted Andrew Brandt regarding his expert opinion as to what he thinks will probably happen.  I must say that it makes sense, but there is probably some attorney out there that may surmise something different.  At least Mr. Brandt doesn't appear to have an agenda and seems to be coming clearly from an unaffected if not totally professional perspective:

 

http://mmqb.si.com/2015/02/19/greg-hardy-nfl/(per Peter King's MMQB).

 

I found it relatively interesting and would advise you to read it, but for those that are just tired of the speculation (which would be odd, considering that you opened the thread ), basically Mr. Brandt believes that Hardy will get punished to some degree, regardless if the NFL can get its hands on official information or not---regardless if they find Holder and compel her to speak or not---the NFL will base its ruling on all of the stuff regarding the issue that's already out here in the public realm (basically the things we all know about).  No legal maneuverings or quirk of the NC justice system will likely save Hardy from the punishment that Goodell---yes, Goodell---will likely hand down.   That being said, he expects that once the punishment falls from on high, that the NFLPA will begin round 3 by challenging whether Hardy is subject to the new conduct policy or the old rules.  He didn't offer an opinion on that point, other than to allude to what will likely be a continuing saga.

 

As for us, well, you can take it how you want, but it doesn't sound very promising to me.  But I am still not completely shutting the door on a Hardy return, as there is always the hope that his sense of loyalty and desire to redeem himself will marry with the Panthers' desire to save some money---get a deal---and give him another year to prove himself.  In other words, it's all about the money!

 

[SgtJoo]

He won't be a Panther this year so it really won't affect us.

[Kevin Greene]

I feel dirty giving Peter King's page a click.

[top dawg]

He won't be a Panther this year so it really won't affect us.

 

It has already affected us in so many ways and will likely continue to for a period of time, but I get what you're saying.

 

 

 

I would hate it if he ends up with the Falcons. 

[Montsta]

But as that trial was set to begin last week, prosecutors were unable to locate the alleged victim who, we have learned, received a civil settlement.

Seems odd for an attorney to say what I quoted above with no proof to back it up. The only evidence that Hardy paid Holder is the DA saying 'we think Hardy paid Holder'.

So while I respect his opinion on the subject to some degree, he is just another in a long, long line of talking heads.

[rippadonn]

If Jeff Taylor can suit up for the Hornets then Greg Hardy can suit up for the Panthers. The case was dismissed for obvious reasons. IF you're in the FOOTBALL business he's playing for your team. If your trying to make a moral statement based on a case with apparently no merit CUT HIM NOW!

31 other teams will be laughing while getting their own Brinks trucks warmed up and ready to go. IF the TEAM (assuming team leaders speak for the whole)wants him and the coach is lobbying for the guy c'mon, enough said. Without Ray Rice and the witch hunt that came afterward nobody gave a damn about Greg Hardy or Carolina.

[CarolinaNCSU]

I honestly don't see him ending up with any team except those with cap space to burn. Knowing he'll more than likely be suspended, the Jags/Raiders of the world could stand the best chance to sign him. They'll offer him the most, which, despite Hardy's "play for free" comments, will end up reigning supreme IMO. 

[O-Ther]

Hardy probably won't get a bank-breaking contract if he gets a 6 game suspension. No team is going to pay full price knowing they will only get 10 games out of him. Look for Hardy to get signed to a cheap 1 year prove-it contract to get back on the field and try to play for a great contract on 2016.

[PandaPancake]

Maybe the Hornets should sign Hardy

[CPantherKing]

"Many following the Hardy case, including attorneys such as myself, have learned about an oddity of the criminal justice system in North Carolina."

 

That is lawyer speak for "I am speaking out my arse."

 

Once you read that line, you know the article is worthless. This 'oddity' he speaks of is called a 'Trial de Novo'.

 

There is no conviction no matter how you spin it. Once more... There is no conviction. A conviction can be obtained in a district court bench trial for misdemeanors only if the defendant agrees to the ruling - a.k.a. admits guilt.

 

And please make sure to note that this is about a misdemeanor and not a felony. There is a big difference. If the justice system had any evidence of physical harm perpetrated by Greg Hardy, then this would be tried as a felony. Why do people just glaze over this very important detail.

 

And since the lawyer in the article failed to identify the actual legal event and left out any citation of a legal case, I will leave you with these eye opening legal decisions regarding the guilty verdict that does not exist or hold any weight.

 

“it is as if the case had been brought there originally and there had been no previous trial.

“The judgment appealed from is completely annulled and is not thereafter available for any purpose.”

- State v. Sparrow, 276 N.C. 499, 507 (1970)

 

The United States Supreme Court defines a district court's guilty conviction in a trial de novo system as “no more than an offer in settlement.”

- Colten v. Kentucky, 407 U.S. 104, 119 (1972)

 

The North Carolina Supreme Court states, "The purpose of our de novo procedure is to provide all criminal defendants charged with misdemeanor violations the right to a ‘speedy trial’ in the District Court and to offer them an opportunity to learn about the State’s case without revealing their own. In the latter sense, this procedure can be viewed as a method of ‘free’ criminal discovery."

- Brooks, 287 N.C. at 406.

 

 

[top dawg]

"Many following the Hardy case, including attorneys such as myself, have learned about an oddity of the criminal justice system in North Carolina."

 

That is lawyer speak for "I am speaking out my arse."

 

Once you read that line, you know the article is worthless. This 'oddity' he speaks of is called a 'Trial de Novo'.

 

There is no conviction no matter how you spin it. Once more... There is no conviction. A conviction can be obtained in a district court bench trial for misdemeanors only if the defendant agrees to the ruling - a.k.a. admits guilt.

 

And please make sure to note that this is about a misdemeanor and not a felony. There is a big difference. If the justice system had any evidence of physical harm perpetrated by Greg Hardy, then this would be tried as a felony. Why do people just glaze over this very important detail.

 

And since the lawyer in the article failed to identify the actual legal event and left out any citation of a legal case, I will leave you with these eye opening legal decisions regarding the guilty verdict that does not exist or hold any weight.

 

“it is as if the case had been brought there originally and there had been no previous trial.

“The judgment appealed from is completely annulled and is not thereafter available for any purpose.”

- State v. Sparrow, 276 N.C. 499, 507 (1970)

 

The United States Supreme Court defines a district court's guilty conviction in a trial de novo system as “no more than an offer in settlement.”

- Colten v. Kentucky, 407 U.S. 104, 119 (1972)

 

The North Carolina Supreme Court states, "The purpose of our de novo procedure is to provide all criminal defendants charged with misdemeanor violations the right to a ‘speedy trial’ in the District Court and to offer them an opportunity to learn about the State’s case without revealing their own. In the latter sense, this procedure can be viewed as a method of ‘free’ criminal discovery."

- Brooks, 287 N.C. at 406.

 

Even is I assume that you are entirely correct from a legal standpoint in respect to solely American jurisprudence (at the local level on up), Brandt's basic assertion is that the NFL has its own justice system (if you will), and it is not necessarily bound by general case law, to the extent that the NFL's law isn't out of line with the laws of the land (and the CBA which is presumably bound by the law of the land as well).  I assume that's why he admittedly intimates that this is breaking new ground for the NFL, its players and the NFLPA (basically making things up as you go) as it pertains to the new rules which were not collectively bargained, and he refers to possible precedents of the Ray Rice and Adrian Peterson incidents as opposed to citing actual case law.

[TylerVagyler]

That guy pretty much said everything we've already heard 

[CRA]

I think he only gets 2 games from the jump. The new 6 game punishment is the max punishment for domestic violence. He wasn't dound guilty and wasnt even facing the most serious version of the charge. Hit Greg with the full punishment and then it would be considered a light punsihment if they gave the same to someone convicted of a felony DV charge

[C47]

Seems odd for an attorney to say what I quoted above with no proof to back it up. The only evidence that Hardy paid Holder is the DA saying 'we think Hardy paid Holder'.

So while I respect his opinion on the subject to some degree, he is just another in a long, long line of talking heads.

 

State has "reliable" info of a settlement seems pretty black and white to me.