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Interesting, you're a good poster thanks for the post just wondering what you're basing this on?
the law doesn't support his conclusion. Little, Jones, and Lewis were all involved with a death. I doubt blasting a hole in yourself will warrant much more than what they saw.
Why don't you research the NYC gun laws before you make incorrect assertions.If Plex is convicted of the crimes that he is in the process of being charged with, the MINIMUM, MANDATORY sentence is 3-1/2 years in jail. Couple that with the specific statements made by the Mayor of NYC yesterday stating that "he will be prosecuted to the fullest extent of the law". Doesn't take much more than a crayola to connect those dots.
- posted by Aaron RudnickiI'd be more than willing to wager that he won't do 3.5 years.
And if he comes back and kicks you ### in the playoffs? What then?
If found guilty. His lawyer is the one that got P Diddy off.
I am not an expert on the P Diddy case, but I have seen some TV lawyers say that the P Diddy case was much different in that there were witnesses that turned against P Diddy to testify against him at the same time they also had civil suits against P Diddy. In the end a jury poll revealed that the jury didn't believe those witnesses b/c they were also suing P Diddy and the jury thought they were trying to profit off the incident. I am highly doubtful that the circumstances in the Burress case will lead to the jury not believing a witness. It's so cut and dry. He didn't have a gun license in NY, he had a loaded gun, he shot the loaded gun. The fact that he went to the hospital for treatment and gave a fake name already....along with the fact that people will testify that they saw him with the gun is something any attorney won't be able to get him off from. Burress will definitely do time, even if his attorney is successful and pleads it down to a Class D felony.
Pretty big backpeddle from your earlier comparables of "no jail time" for guys like PacMan and Ray Lewis (who was found not guilty).
That's not what I said. I initially said he wouldn't do 3.5 years so where's my backpeddle? Where did I say "no jail time"? You should spend a little less time with the crayolas and read before responding.
The original poster stated that he thought Plax would serve 2 years. You replied that the poster didn't know the law and gave a bunch of completely "off point" examples to support your assertion. All of your examples served little or no jail time. Since then people with more knowledge of the situation have weighed in corroborating the view that Plex is in hot water and likely to serve hard jail time. A back peddle in my book, but go pour another cold one and bask in the memory that once again you prevailed in an internet message board debate.
He said "He will probably get a 3 1/2 year sentence if convicted, and probably serve at least 2 of it." You are the one backpedalling by changing your tune from sentence time to time served. I stand by my statement that he won't be sentenced to 3.5 years. I expect him to do some time (sentenced to), but not 3.5 years because the intent to use that weapon on someone else will likely be hard to prove. The other examples aren't off point. People initially thought those guys were going to see significantly more time and the reality is that after they went through the court process (may not be true in Pacman's case) that the outcome was different.
Intent to use has nothing to do with the 3.5 year minimum mandatory sentence.
According to the quote by rudnicki it does. If there's no intent it gets bumped down to a charge without the 3.5 min but still could be as much as 7 years.
Wow, there's tons of information out there about this, and you are worrying about one post in this thread?The 'intent' has nothing to do with the 3.5 year minimum, like I said. It has been all over the news and all it takes is a google search to confirm. If you are going to disagree, please post a link of what your source is. Referencing a post in a thread on footballguys as a legal source is more than a bit silly.
Thanks NorrisB, and you're one of my favorite posters. I'm basing my statements on the facts of NY laws. Correct me if I'm wrong on the 3 1/2 yrs thingy, and me saying he would serve 2yrs is pure speculation on my part. I don't back down saying his carrer is :toast:. If he serves 2 yrs he would be 33 when he gets out, and I believe I already mentioned that he wouldn't become relevant for another year, putting him at 34. That's why I think he is :toast:NorrisB said:
Do we just notice that because of someone prominent involved? I'm sure "extreme" does apply to "Joe Six Pack", lol.
So was the murder rate in NYC not too long ago.As for what to do with Plax, well I traded him away before the season started so don't I look smart now.
Seriously though, I would not hesitate to just drop him in redraft, but hold him in dynasty if you have room; unless you can find a willing trade partner. Yeah right.The only reason I'm aware of the penalty is because someone prominent is invovled. If his intent was to harm someone I understand the 3 1/2 years but I really believe he was carrying it for protection and that is why I wonder if a little extreme.
I hear ya, but NYC decided to get tough on guns and say that if you want to risk carrying a loaded one in our community without a permit for it, then you'll go to jail for at least 3.5 years without exception. So from that perspective, I cannot feel bad for Burress. He had a permit in Florida previously. He knows he needs a permit. He might not have known it was a minimum 3.5 year sentence for a conviction, but he was stupid enough to carry one around loaded without a permit. He's lucky that he was shot and the bullet didn't go in someone else's direction. I can't feel sorry for anyone who is stupid enough to be carrying a loaded weapon without a permit. He should have hired body guards if he thought his life was in danger or actually gotten a permit.
What if he was just "carrying it for protection" and shot someone else? After all he did shoot himself, and that speaks voumes for his ability to handle a gun
I rest my case, lol.you guys are right "the law is the law" but still feel it's a little harsh. Just want to state I don't own a gun and never will. It's my belief that they will only bring you trouble and Plax is an example of that.What if he was just "carrying it for protection" and shot someone else? After all he did shoot himself, and that speaks voumes for his ability to handle a gun
' said:
Now that being said, there will be a plea deal and Plax will not do any time!! Guilty plea deal also = a winning case by the Manhattan DA's office.His career as a NY Giant will also be over! Upper management is fuming that there were other players with Plax that night while he was in possesion of a loaded firearm! Look for Pierce to be charged with OGA and Tampering with Physical Evidence!
Unless the judge wants to set a precedent that go against the minimum requirements of the law, he will be going to jail. I don't see how the Steve Smith case affects the Burress case one bit as far as NYC is concerned. He broke a law and they will try to convict him for it. He will be getting 3.5 years if convicted one of the current charges or perhaps just 2.0 years if he pleads it down to a Class D felony. His only way out of this is if there are no witnesses and they can't prove it was his gun, which appears to be very unlikely based on everything reported to date.
Apparently the Manhattan DA's office has a VERY strict policy of not pleading down Class C felony gun charges ANY LOWER than to Class D felony gun charges. The only way he does no time is if he is tried and is found not guilty based on everything I am hearing.' said:Now that being said, there will be a plea deal and Plax will not do any time!! Guilty plea deal also = a winning case by the Manhattan DA's office.His career as a NY Giant will also be over! Upper management is fuming that there were other players with Plax that night while he was in possesion of a loaded firearm! Look for Pierce to be charged with OGA and Tampering with Physical Evidence!
I agree I am neither, but like I said in my last post, the Manhattan DA's office has a VERY strict policy of not pleading down Class C felony gun charges ANY LOWER than to Class D felony gun charges. It is not possible for him to plead down to no jail time based on the precedent set by the Manhattan's DA office. The only way he does no time is if he is tried and found not guilty.
Why can't they? All they have to prove beyond a reasonable doubt that he was in possession of a loaded gun without a permit. The gun accidentally was fired (and hit him), so it obviously was loaded. The only thing left to prove is that Burress was in possession of it. Seems like he is going to jail to me. I have no idea how he could get off with a not guilty verdict based on what we have heard so far about the incident.
No more than most gun control measures. Criminalize what law abiding persons might feel justified in doing do just so you can throw the book at or tack another charge onto the gangbangers and street thugs. Wonderful and so effective. How many thugs have left their guns at home thanks to this law?BTW, in my jurisdiction, a local mayor would have nothing to say about how a felony case is prosecuted. Both the prosecutors and the judges are state employees and the mayor has no leverage on them unless he holds some influence with the governor.There's also a chance of jury nullification here as well. I can see where a jury might aquit if the jury believes Burress wasn't doing anything else illegal and was carrying for his own personal protection and had an accident with the gun. That's why his attorney would point to the Steve Smith story and other NFL player stories in the press. He wants to get it out into the general public (the potential jury pool) because he may not be able to get it in front of the jury in the courtroom depending upon how tight the presiding judge is.
Yea, but nobody witnessed him committing the murders even if there was a preponderance of evidence suggesting he did it.In Burress' case, he dropped his loaded gun to the floor and it shot him in the leg. Plenty of people saw he had a loaded gun in his possession.
Your support for tough gun controls laws is across the board, right? Not just in Burress's case, right?
