jcsunsfan wrote:RunDogGun wrote:Fo-Real wrote:In this state I believe even if the victim did not want to prosecute, the state can still go foward with the case... and OFTEN DO!!! See it a lot in domestic violence cases... victim wants the case dropped and refuses to co-operate because they dont want thier honey to do time, the state prosecutes anyway... has the victim/witness dragged into court (court order) and put them on the stand. If the witness tries to not cooperate there and change thier story to protect thier attacker, the prosecutor just plays thier police interview and reads the transcripts from the interview that got the charges filed, and tears the witness a new one on the stand, showing they are lying and protecting the defendant. Even if this dude gets paid at this point, this train is gonna kerp steaming ahead. They are gonna sign a plea to a lesser charge if they are smart. My guess is misdemeanor assault... a slap on the wrist... unsupervised probation.
That's what I thought. It's most likely out of Hood's hands at this point, and from what InLen said, about his roommate being led in his testimony, it seems the prosecutor really wants to nail the twins. Oddly, an over push ISO play may work in the twins favor, for the actual evidence seems weak.
If they do take a lesser plea, I could see a ten to twenty game suspension. And then I wonder if there is an out clause for the Suns in their contracts.
This is not domestic violence. I do not think that prosecution can go forward without the victims testimony.
I used a domestic violence case as an example of a victim having a change of heart in wanting to prosecute. Just as concept, but the law sees every situation equally as far as that goes. They already have the victims story of what happened and his phone Convo/ confession to thier mom. They have already done the work interviewing witnesses and decided to prosecute. At this point the victim deciding to not want them prosecuted wont stop the train. They will court order him to testify if it goes to trial, and even put him in custody to bring his ass to court if they have to. Dosnt matter if its domestic or otherwise.
Now dont get me wrong, I still stand by the statement that this is going to be reduced to a small misdemeanor through the plea process. So guys trying to guess the suspension based on the charge now need to ease up and wait on the next court date. I assume they get less than PJ did last year. They will get something like simple assault... this is actually where paying the victim comes in handy. The prosecutor has to contact them about victims rights and see how hard to go at them basically. If the victim is not wanting blood then the plea could get lighter.
