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Message
re: No charges filed against Jameis Winston
Posted on 12/5/13 at 10:52 am to elit4ce05
Posted on 12/5/13 at 10:52 am to elit4ce05
quote:
And if it is proven that she was lying the he has the opportunity to press charges against her. Again, not saying he's guilty or innocent. Just she should be given a chance to prove her case if her and her lawyer feel they can.
She has every right to file a civil suit and let the cards fall where they may. However, this was a criminal investigation. The accused has rights. And one of those rights is to not say a damn thing to investigators. The "plaintiff" in a criminal trial is not the girl, it is the state. If the state doesn't have adequate evidence to reasonably believe they can convict, the responsible and correct action is to not charge him.
1
Posted on 12/5/13 at 10:54 am to cornhat
I'm talking about 2 people and possibly more. It's not unusual for the prosecuting attorney to decide to not bring criminal charges initially. The girls attorney can then file a civil suit. Depending on the outcome of that trial, the DA can then re-evaluate his decision. Which is probably what will happen here.
Posted on 12/5/13 at 10:55 am to elit4ce05
quote:She can, but likely will not.
The girls attorney can then file a civil suit.
quote:Very unlikely the DA re-evaluates this case again.
Depending on the outcome of that trial, the DA can then re-evaluate his decision. Which is probably what will happen here.
Posted on 12/5/13 at 10:55 am to elit4ce05
Posted on 12/5/13 at 10:56 am to elit4ce05
quote:
I'm talking about 2 people and possibly more. It's not unusual for the prosecuting attorney to decide to not bring criminal charges initially. The girls attorney can then file a civil suit. Depending on the outcome of that trial, the DA can then re-evaluate his decision. Which is probably what will happen here.
No. A civil suit has a lower standard of proof and would have little to no bearing on the state attorney's decision to file charges.
Posted on 12/5/13 at 10:58 am to elit4ce05
quote:
I'm talking about 2 people and possibly more. It's not unusual for the prosecuting attorney to decide to not bring criminal charges initially. The girls attorney can then file a civil suit. Depending on the outcome of that trial, the DA can then re-evaluate his decision. Which is probably what will happen here.
What the hell is the matter with you? Are you related to the girl. The DA doesn't sit back waiting for a civil case to uncover evidence that he couldn't uncover with the resources of the state at his back. The plaintiff in the civil case will try to take what the DA has uncovered and prove that something untoward "most likely happened" because the burden of proof is that much lower when the case is man on man (it's not beyond a reasonable doubt, which is the state's burden).
But that's all irrelevant. If there isn't enough to indict, this girl is wasting her time unless something else comes out. Hell, the boy and his family might sue her.
Posted on 12/5/13 at 10:59 am to elit4ce05
quote:
I'm talking about 2 people and possibly more. It's not unusual for the prosecuting attorney to decide to not bring criminal charges initially. The girls attorney can then file a civil suit. Depending on the outcome of that trial, the DA can then re-evaluate his decision. Which is probably what will happen here.
Posted on 12/5/13 at 10:59 am to elit4ce05
does Alabama have a different criminal justice system than the rest of the question? Or are all bama fans just stupid?
Posted on 12/5/13 at 10:59 am to Navytiger74
plus a civil suit is only a money thing no jail time. (I think anyway) Plus why would you file a civil suit if the DA didn't charge because there wasn't enough evidence.
Posted on 12/5/13 at 11:00 am to rocket31
Posted on 12/5/13 at 11:00 am to catholictigerfan
this reminds me to much of the GZ trial. Even though all the evidence pointed to self defense the people demanded he get a trial.
Posted on 12/5/13 at 11:02 am to catholictigerfan
quote:Lower standard of proof in a civil matter.
Plus why would you file a civil suit if the DA didn't charge because there wasn't enough evidence.
Posted on 12/5/13 at 11:03 am to catholictigerfan
I guess the DA will just say that they are or they aren't charging him? Any chance he talks about specific details of the case?
Posted on 12/5/13 at 11:03 am to TheOcean
quote:
TheOcean
Care to catch me up this morning? Us left coast people are running a little behind
Posted on 12/5/13 at 11:04 am to WDE24
quote:
Lower standard of proof in a civil matter.
thanks
but if there is no criminal charge and only a civil suit the only thing he has to worry about is paying some money correct?
Posted on 12/5/13 at 11:04 am to catholictigerfan
quote:
Plus why would you file a civil suit if the DA didn't charge because there wasn't enough evidence.
Because other evidence can come out in a civil trial.
Posted on 12/5/13 at 11:04 am to crimsonsaint
quote:I would expect that he provide some information about why the evidence is lacking (assuming that is the decision). Not sure how detailed he will be, but much of the information will be subject to release due to Sunshine laws anyway.
I guess the DA will just say that they are or they aren't charging him? Any chance he talks about specific details of the case?
Posted on 12/5/13 at 11:04 am to crimsonsaint
I bet the presser tonight will talk more about details like why the evidence didn't point to a crime.
Posted on 12/5/13 at 11:05 am to Forgiving Morgan
quote:
Jansen said Wednesday evening he had not been contacted by Meggs or his office regarding Thursday's announcement and did not speculate on what the state attorney would decide.
quote:
"If they are going to charge your client they would give you the heads up, you'd be able to turn your client in. Hopefully that's not going to happen because he's trying to get to the ACC game," Jansen said. "But I'll wait to hear from Mr. Meggs's office and see what they have to tell us before the 2 p.m. meeting and we'll take all the appropriate actions we have to on behalf of Mr. Winston."
quote:
Jansen said he plans to hold a news conference at about 6:30 p.m. after team practice and before the team leaves for the ACC Championship game at about 7:45 p.m.
Posted on 12/5/13 at 11:05 am to catholictigerfan
quote:
plus why would you file a civil suit if the DA didn't charge because there wasn't enough evidence.
I believe that many of the so-called "rape shield" protections that are in place for a criminal trial would not be applicable for a civil trial. If there's not enough evidence for a criminal trial, a civil trial would be a disaster for her, most likely. And not just in the outcome.
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