Charges Against Taylor: Sit Tight, It's Not Over Yet

Despite the prediction by Sean Taylor's defense attorney that the prosecution against Sean likely will not proceed past the arraignment, sit tight - it's not over yet. Charges are rarely filed in any jurisdiction unless a prosecutor believes that the evidence is sufficient to obtain a conviction.

Although Taylor's attorney may present the D.A. with evidence before the arraignment that Taylor did not commit the crimes of simple battery and aggravated assault, such a meeting is not a trial - it is just a meeting. Right now, Taylor's agent is waging a battle in the press, not the courtroom.

As noted above, charges are rarely filed in any jurisdiction unless a prosecutor believes that he will be able to negotiate a plea or obtain a conviction. Regardless of whether Taylor's attorney has affidavits or other such evidence indicating that Taylor did not commit a crime, it is highly unlikely that the charges will now simply be dropped.

Just as we shouldn't rush to conclude that Taylor is a dead-man-walking, don't rush to the conclusion that Taylor is about to go free. The Washington Times and the Washington Post are simply repeating what Taylor's attorney has told them, they are not offering us any sort of legal opinion/expertise. So, hold tight, in all likelihood, this Taylor mess won't be over for some time.

Ramsey - This friday is his hearing so that's when we should know if they're going to prosecute or not. Many things will be decided on that day.

Charges are filed all the time with little or no evidence, the key question is will he be indicted. Cops arrest people and file criminal complaints charging people with misdemeanors and/or felonies. The Defendant may or may not then get a preliminary hearing, at which time if there is probable cause the Defendant will be "bound over" to a Grand Jury. A Grand Jury then hears evidence from the Prosecutor and determines whether or not there is sufficient evidence to issue an indictment and proceed to trial. Believe me "charges" are brought all the time when there is little to no evidence by overzealous cops. If the prosecutor thinks there is enough evidence, he'll present the case to the grand jury for indictment.

I am expecting a trial. Prosecuters rarely pass up an opportunity to put a public figure on trial. If there is slightest bit of evidence he will go to trial. Some unknown prosecuter is going to try and make a name for himself.

Charges are filed all the time with little or no evidence, the key question is will he be indicted. Cops arrest people and file criminal complaints charging people with misdemeanors and/or felonies. The Defendant may or may not then get a preliminary hearing, at which time if there is probable cause the Defendant will be "bound over" to a Grand Jury. A Grand Jury then hears evidence from the Prosecutor and determines whether or not there is sufficient evidence to issue an indictment and proceed to trial. Believe me "charges" are brought all the time when there is little to no evidence by overzealous cops. If the prosecutor thinks there is enough evidence, he'll present the case to the grand jury for indictment.

Most states don't use a grand jury; grand juries are typically only used in federal prosecutions.

Most states don't use a grand jury; grand juries are typically only used in federal prosecutions.

NO. I have been practicing law for eight years, and no most states do use grand juries for state charges. I have had cases in front of my State's Supreme Court of Appeals, and two three years ago I had a Felony Murder Conviction overturned. I do this daily, so I kinda know the routine. If you want to verify my info, shoot me a message and I'll give you my full name and bar number.

NO. I have been practicing law for eight years, and no most states do use grand juries for state charges. I have had cases in front of my State's Supreme Court of Appeals, and two three years ago I had a Felony Murder Conviction overturned. I do this daily, so I kinda know the routine. If you want to verify my info, shoot me a message and I'll give you my full name and bar number.

I guess you told him!! :laughing-

Paulskinsfan,

I don't need your bar number and trust that you are an attorney. While I also believe that you worked on a murder case involving a grand jury, ST's case isn't a murder case. I don't see why any proseuctor's office would impanel a grand jury on an aggravated assault charge.

While grand juries CAN be used by state prosecutors, they usually are not. Grand juries are expensive, time consuming, and logistically cumbersome. Accordingly, grand juries are usually only used to investigate when there is a distinct advantage over police investigative measures (i.e. cases involving complex criminal organizations, reluctant witnesses who won't voluntarily talk to police but can be compelled to talk in a grand jury, etc.). So, grand juries are often used in corruption, racketeering, drug dealing cases etc. For more info see MODERN CRIMINAL PROCEDURE 713 (5th Ed. 1980). While states use grand juries in murder cases, etc., they are usually waived and I doubt that a grand jury will be used in ST's criminal prosecution.

Too many lawyers up in this mofo. :)

Too many lawyers up in this mofo. :)

Unlike Paulskinsfan, I'm not a lawyer....yet - I just pretend to be. :biggthump