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re: Legal opinion on Jeremy Hill

Posted on 7/9/13 at 9:09 am to
Posted by Dire Wolf
bawcomville
Member since Sep 2008
39942 posts
Posted on 7/9/13 at 9:09 am to
quote:

There will only be law students coming into this thread asserting their "legal knowledge" on the subject, when in reality, they will only expose themselves as knowing nothing and just look like assholes while doing it.


The baby on groupme
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33294 posts
Posted on 7/9/13 at 9:09 am to


and I'm a law student

I just say that because so often do I see classmates of mine, whether it be by social media or what-have-you, feel the need to display their newfound "legal expertise" on anything and everything. If anything, it's only pretentious. I understand that after only one year of school, there is so much that I still don't know, and will only learn upon practicing - so I refrain from any "urges" to interject my legal opinion, or lack thereof.
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33294 posts
Posted on 7/9/13 at 9:10 am to
quote:

The baby on groupme




Not nearly as bad as he and I's classmate on groupme
Posted by Jwodie
New Orleans
Member since Sep 2009
7362 posts
Posted on 7/9/13 at 9:21 am to
quote:

If there is an attorney that reads this message board (preferably a criminal lawyer), can you please give your legal opinion on the outcome of Jeremy Hill's hearing on Friday?


His "hearing" on Friday is merely an arraignment. Literally nothing substantive happens other than a formal recitation of the charges against Hill in open court and an entry of his plea, that being not guilty.

quote:

I realize he could face jail time


Could he? In theory, sure. Will he? Hell no.

quote:

but realistically can't he just rebond out of jail and continue his probation where it left off if his probation is revoked?


I don't think even you understands what you're saying here.

Ultimately, in my opinion, there is no way in hell that Hill sees jail time. As for any revocation of his probation, it is extremely, extremely rare for probation stemming from a misdemeanor to be revoked for the commission of a subsequent misdemeanor. I think the judge will order a prolonged probation period with added conditions/restrictions. Assuming Hill's been walking the line since the arrest and added restrictions, by all accounts he has, extended and stricter probation will be the worst of this. 1-2 games later, he'll be on the field and SEC fuuuuuucked.
This post was edited on 7/9/13 at 9:22 am
Posted by TheFranchise
The Stick
Member since Feb 2005
6305 posts
Posted on 7/9/13 at 9:29 am to
quote:

So, once again, my question is can't he just rebond out of jail and continue where he left off?


"Bonding out of jail" is typically reserved for the time between initial arrest and conviction (or guilty plea). Here, JH has already been sentenced for the prior crime - w/out looking up the old file, he was likely sentenced to jail time, suspended, pending satisfactory completion of probation w/ conditions. He has "allegedly" failed to satisfactorily complete his probationary period fulfilling all conditions (one condition, for example, is no arrests). If his probation were to be revoked, he would have to serve the remainder of the original suspended or deferred sentence (with likely credit for time served on probation. You don't get to "bond out" of a sentence. Just out of an arrest (pre-sentence).

Example: DWI, plead guilty under Art. 894, Sentenced to 1 year in jail, suspended or deferred, subject to 2 years of unsupervised probation. Probation revoked after 1 full year. Still owe 6 months on original sentence (subject to plea bargaining on the revocation, etc.)
Posted by TBoy
Kalamazoo
Member since Dec 2007
27584 posts
Posted on 7/9/13 at 9:31 am to
My professional opinion is that his probation could be revoked. Alternatively, it is possible that it will not be revoked.

For the legal opinion, that will be $350.00, cash or certified funds.
Posted by ELVIS U
Member since Feb 2007
11634 posts
Posted on 7/9/13 at 9:33 am to
Friday is an arraignment on the new criminal charges. He will either (1) plea not guilty and get a trial date about two months from now; or (more likely) (2) plea guilty and get sentenced to probation and community service, an order of restitution and a fine.

The hearing to revoke his probation will have to be scheduled at a later date after the disposition of the simple battery. He likely will get some extra conditions of probation, an extension of probation, additional community service, a condition that he cannot frequent places where alcohol is served and perhaps a couple days in jail. It is unlikely that he will get completely revoked for another misdemeanor unless he has violated other conditions of his original probation that we don't know about (like missing scheduled appointments with his PO, failing drug screens, failure to pay fines, etc)
Posted by Petrol
Louisiana
Member since Aug 2011
108 posts
Posted on 7/9/13 at 9:56 am to
Depends on the lawyer. For something like this, there are certain lawyers that can assist better than others. I have never heard of his lawyer. That isn't a jab at her professional acumen, its simply reality that some lawyers know how to navigate a bit more.
Posted by BRLawyer
Baton Rouge, Louisiana
Member since Sep 2004
354 posts
Posted on 7/9/13 at 10:42 am to
How can an attorney render an opinion without hearing the facts first? Anyone who might try to do so would be subject to severe criticism.
This post was edited on 7/9/13 at 10:42 am
Posted by Barrister
Member since Jul 2012
5216 posts
Posted on 7/9/13 at 10:47 am to
He is good. Will play....
Posted by 1970tiger
Member since Jul 2013
83 posts
Posted on 7/9/13 at 10:58 am to
The short answer there is no legal requirement that his probation be revoked. Also there is no requirement that he be allowed to stay on probation. It is up to the judge that originally sentenced him.

There are no legal standards, requirements or review of the judge’s decision. The DA will say why the probation should be revoked and the defense attorney will argue why it shouldn’t be and the judge will decide.

I doubt in this case it will be revoked.

The issue for the judge will be the nature of his first crime. While it was reduced to a misdemeanor, the facts could have made it a more serious conviction and crime. Not saying his actions were not serious. Just saying the final conviction was not a felony.

That having been said I do not think the judge will revoke the probation. As was said she will impose additional requirements on his probation, such as additional drug test, counseling, curfew, probably won’t be able to go to any place where there is alcohol, classroom attendance, public work, etc.

She will give him a dressing down when she decides. May even put him in jail for a few days just so he learns what he is really looking at if he doesn’t straighten out.

I know Bernie. She is a straight shooting DA and is going by the book. It is normal practice to ask for probation revocation.

I also think Moore has to send a message that you cannot get away with crimes. We will give you a break as would any student, but this is not Dodge City for the football team. Behave yourself.

With all the money the NCCA makes on students athletes, I have always thought they should allow and pay for NFL, NBA and Major league General managers and players to come in and talk to the athletes about how their behavior (arrest, not going to class etc) affects there professional future and income.
Posted by The Hurricane
Gulf of Mexico
Member since Aug 2011
9831 posts
Posted on 7/9/13 at 11:31 am to
As long as Jeremy doesn't slap his lawyer on the arse, I believe he will play at some point this season.
Posted by mmtiger
South Louisiana
Member since Jan 2005
2995 posts
Posted on 7/9/13 at 1:19 pm to
guilty to battery, suspended sentence. extended probation with particular terms, in lieu of revocation.
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