Jul 11, 2013|
Jen Tomka from Boucher Law Firm in Nebraska joins Mut and Merloni to discuss the different possible outcomes that can happen from Dennard violating his probation.
Transcript - will not be 100% accurate
Butler and ID 37 WEEI a lot of questions. About what apple and -- dinner today. And in terms of what will happen next. In this case we know that he was on probation. We know that. He was arrested for suspicion of DUY 2 AM this morning. And we know that sound again next hearing will be August 12 according to Jeff Powell on -- Boston Herald but a lot of unanswered questions to me there in the middle swing go to one expert. On the Boucher law firm in Omaha Nebraska gen Tom -- joins us Jan Mike in Lou here in Boston power you. I actually -- -- on -- at Lincoln Nebraska as the Boucher law firm. Thank you for taking a few minutes because we have questions and we. We need answers I guess the first question is when when you hear about this today you hear about somebody already on probation. And they arrested for suspicion of DUY. We're hearing he was already release is that a common practice that even on probation it wouldn't be considered a a violation right away and he would be released this morning. Sure because the other man convicted of your idea out there be that probably bonded out or he could about a personal recognizance bond. But yeah I mean that's that's typical. Because we have been convicted yet. -- attended the conviction of the do you why does it matter if he's guilty or not when it comes to violating his probation. I'm actually no -- it fake it -- -- revoke probation just based on the contact with the law enforcement and negative contact with law enforcement. I'm not basically up to the county attorney adopt that as well as. And then as well probation officer of the probation officer would. For by the county attorney's office was made a notice of violation of probation and and a separate county attorney it to where it don't. Yeah Massachusetts -- some lawyers out here and it seems that he -- very local back and actually be re sentenced. For the assault charges and resisting arrest is there is that what happens in Nebraska can he go back now may be faced further charges as far as that are. Yup that's correct that the thing that can happen and a violation of probation and they can reach a deal. And continue or they can continue your operationally it is that every subject to a probation a stricter probation change the terms of preparation on both -- Or they can resent you and under the terms under two straight -- to a public artwork. She would get jail time. Now is there -- at it is is their chance. You know read in the two year probation 39 days jail time in March that they say you know what. Re mostly learn your lesson. This is not thirty days and this is not in March this is now 6090 days 120 days right now. Yeah. And now. Daddy can -- ask you were talking to -- -- other Boucher law firm their Lincoln Nebraska trying to help -- summer questions about. The apparent arrest of Alfonso dinner today Lancaster County court judge Stephanie Stacy was the judge -- first time around Jenin. Yeah there was. It was seen from here from this standpoint that a letter from bill ballot second letter from -- leaning. May have helped him out I'm curious in your dealings with -- judge Stacy. Any gut feeling as to how this might go on how she might react to. Someone that she gave the eight year -- on probation a month through next year and a two month two years' probation. To this violation this time around. I don't really have a feeling -- what -- you -- in -- that you won't be happy. But she. I think that she's. -- that it gets to the start option that she's a bit on the benchmark thirty year. And I would say it she. Well probably I. -- -- to come down I hit it harder on him just because the belt soon after not that I'll go depend on what he actually. Convicted or if -- also -- a -- but I try to do a violation of probation based on its negative law enforcement contact. I mean I I I I'm not. A familiar obviously with like what it public that Brett alcohol what was the impairment of them stopped some supplement -- -- it. So I don't know but I mean. -- -- -- in the proper way right -- Mac client that. That screwed up on probation men and buddy cleaned up Acton and she continued to -- allow him to be on probation so. You know I think it -- depend on. On -- -- -- -- and what he does from here you I think that it sentence let's fairly light. Arm but that's Nebraska. But mentally yeah your -- it apart after that at. He used a breath analyzer and now when I was asking new -- -- and extended to. 36 and ninety days and ABC right now you said you don't think that's gonna happen would that be just because it's. In this do you while we don't know yet naked just extend probation -- think anything more gonna happen to dispute now. -- -- I don't know what would happen accurate and that there are three options for the jets. The jets can and not revoke the probation and continue on and there are. The judge can't. It deeply to -- that the media option to admit that the item. The -- out probation violation. If you denied the probation violation. Then it's advocate starting over the so called the eight -- about the at issue whether he violated probation and get the trial looking neat hearing you meet one on up -- all effort. Like a mini trial. -- I actually got something that addiction and the cat at three options that could not revoke the probation but yet continue on out there. The judge can revoke a patient and -- attempt either to a changing the terms of probation and continuing up preparation with one or jail or itself or or actually can get them to go to jail. And that and I am at the probation. Violation. On the original architects which hit the ball. Well and -- you EST Mike you sort of perked up when Lou mentioned to you that he refused the breath -- is that. Does that change your opinion on this case when you hear that he decided on site. He did not want to pick -- breath lyzard test and officers according to police reports that he smelled alcohol. And appeared to be impaired but no breath Liza was taken. Yeah no I mean just put simply about a refusal of the Eli -- all -- -- -- but. That's what I look like -- -- the real IQ is thirteen goals going to be at our event that that like I'm so. -- that extra step that. Then he gets the players like -- automatically revoked a year. In the employment situation where people would take an abrupt flight or even that still are charged with Eli by the -- about six not. That's pretty automatic -- revocation procedures and administrative proceeding. Through the courts again a revocation of the little proper sentence on the Eli as so. So deeply about -- the refusal. Then he's gonna get -- out of another year while it coincides beat it again a year like interpretation. And and it's -- first -- -- health -- life that the straightened her probation situation. So we violate probation doesn't matter where these guilty or not -- the -- charge but there's the guilt on that charged does that reflected in the sentence could have -- influence -- that. -- -- I know now I think that the probation violation that that will not affect the assault. But. Eli and the refusal to pick the prevalence -- doctor -- -- that's an entirely separate case. Alcohol -- it doesn't really matter because he's still going to be an -- could be brought up on the probation violation. You didn't seem to sound too surprised that it was a light sentence in your opinion based on Nebraska football says something that you've seen happen over the years -- I oral law came before the lawyer I mean I I think. Nebraska football -- abrupt football I mean I look or so. You know -- I'm -- -- but again that's another attorney IIQ can I. -- -- -- -- a little lighter. So I believe that these -- honest Janice is so refreshing itself as an honest answer there is a big difference street tail -- and enjoy the game and now being a lawyer I suppose. Well I uploaded. Again. I don't have a little effort to chart the -- they have the players like. I'll tell you what I get in trouble Lincoln on call on you Jen -- top of the -- Boucher law firm their only agenda thanks you're tied that we appreciate it. On -- ago -- -- joining us. That in Ukrainian. Many others down did you hear at the end say it's actually tougher when you're adding get that the it's it's tougher when your fruit refuse the -- the line that -- amassed I think I'm -- -- -- percent -- your -- it's it's a year. If we take it failed six months in Nebraska she also said it was more jail time if you found guilty of refusing and you've value drunk driving grosses overall. To make you feel like. As a possibility that another slap generous system. All that but the part of the -- still play for Nebraska I didn't -- that ball plated him right on the letter. It just so big it's a slap on the wrist now go back to the big picture we gotta get out here but. If you'll get that slap on the wrist. And the patriots are to get the feel that's always my go. Well they cut -- Or will they keep this guy on the roster a discussion for tomorrow I'm sure salt and -- next Red Sox baseball. At 340 tomorrow Camelot will join us unless he doesn't weed out its appearance that Pedroia did that if he doesn't he's not coming on the show I can guarantee that right now. Much -- Sports Radio WEP guys.
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