FSU’s Winston is facing nothing but bad options. FSU, under federal “title 9” requirements must investigate the sexual assault allegation against Winston. The university’s need to hold a student disciplinary court hearing, puts Winston in danger of being suspended by FSU, and opens the door to a Civil Lawsuit and perhaps criminal charges for assault by the alleged victim. University rules prohibit a lawyer from representing Winston’s case, and as he has shown in the past, Winston has the ability to say and do the wrong thing at the worst time.
A parent’s right to discipline his or her child comes into conflict with the criminal laws on assault and child abuse. Does the Texas “Corporal Punishment” Statute permit leaving visible cuts on a child’s buttocks, back and scrotum, or will a Jury consider Peterson’s actions “tough love” and an effort by a loving parent to teach his son “right from wrong”? The doctor who examined the child called the cuts “extensive” and alerted Law Enforcement. The Grand Jury, a sample reflection of the community where the “whopping” took place, called it “negligent or reckless injury to a child”. Peterson denies any intent to harm the child, and it will be up to a Jury to determine if this was an act of loving discipline, or a crime.
Justin Ross Harris has been indicted in Cobb County on 8 counts after he left his son in the car on a hot Atlanta day. Watch what legal expert, Ray Giudice, thinks about the indictment, prosecution team, and the trial ahead.
Jim Irsay pleads guilty to misdemeanor DWI Narcotics, which holds the maximum potential prison sentence of one-year. In exchange for his plea, Irsay has been allowed by the judge to serve his one-year sentence on probation. But what happens when he’s on probation? Typical terms of probation for DWI are random drug and alcohol screenings, which is a condition of Irsay’s probation. What this means is that Irsay’s probation officer can insist that Irsay submit to a blood, urine or hair test, randomly and at a moment’s notice, to see if there are any drugs or alcohol in his system. A positive screening would violate his probation, and Irsay would be hauled back before the court for a probation revocation hearing. All the influence and money in the world cannot save you when you are back before the judge who granted you probation, having violated the terms set by that judge. Irsay himself has stated that he has a substance abuse problem, and beating addiction is a difficult task. Hopefully Irsay can stay clean through his term of probation; otherwise he may risk serving the balance of his sentence behind bars.
Prosecutors may face an uphill battle with arrests made as a result of a “roadblock” or police checkpoint”, but only if the defense properly raises and thoroughly presents the right challenge. In order for an arrest made from a roadblock stop to stand up to a challenge in court, the prosecutor must be able to show that the police department that initiated the stop had a roadblock program with an appropriate primary purpose, other than ordinary crime control; subjecting the departmental program to scrutiny, not just the roadblock in question. In addition, the prosecutor must show that the roadblock was properly authorized, planned and staffed. The decision to implement the roadblock must be made by supervisory personnel rather than the officers in the field; all vehicles must be stopped as opposed to random vehicle stops; the delay to motorists can only be minimal; the roadblock operations must be identified as a police checkpoint; and the “screening” officer’s training and experience must be sufficient to qualify him or her to make an initial determination as to which motorists should be given field tests for DUI.
While there still have not been any criminal charges filed against Tony Stewart, this does not mean that Stewart is out of the woods yet in terms of legal issues that he may face. There are a number of civil claims that have the possibility for a judgment in the millions of dollars for Kevin Ward, Jr.’s family that could be brought. First, Ward, Jr.’s family could bring a claim on behalf of Kevin himself for wrongful death. Given that he was an up-and-coming racecar driver, with potential life-time earnings in the millions, an award for his wrongful death could put a dent in even Tony Stewart’s wallet. There are mitigating factors to consider, however, such as the types of waivers Ward Jr. would likely have signed in order to race that evening. Second, Kevin Ward Jr.’s family could assert claims on behalf of their own injuries resulting from his death for “loss of consortium” due to losing the love and affection from their son, and possibly “negligent infliction of emotional distress,” based on a narrow exception carved out for immediate family members who suffer emotional distress from witnessing their loved one suffer actual injuries. Regardless of whether or not Tony Stewart will ever actually face criminal prosecution for the incident, it is highly likely that he will eventually face civil claims from the Ward family. Since the incident took place in the State of New York, his family will have until August 9, 2016 to file suit, based on NY’s two-year statute of limitations for wrongful death.