David Reed Suspended

**B-more Ravor** · 09-02-2011, 06:58 PM

Originally Posted by ActualSpamBot

Actually a PBJ is the opposite of being convicted. The "judgement" in probation before judgement refers to the judge's finding of guilty or not guilty. If he completes the probationary period without incident, he can file to have himself declared legally not guilty.

Until the probation is over however, a judgement of guilty can be entered.

Therefore he has not been found guilty yet and as long as he stays out of trouble, will not be.

Sorry, that's not the way it works.

He first has to be found guilty to receive the PBJ. If he violates his probation, the Judge can reinstate the conviction without again holding a trial (since he's already been found guilty).

**HoustonRaven** · 09-02-2011, 06:59 PM

Originally Posted by B-more Ravor

He first has to be found guilty to receive the PBJ.

Not all the time.

You can be placed on PBJ and not have any plea whatsoever.

**goodandfast** · 09-02-2011, 07:00 PM

Originally Posted by akashicrecorder

ballhawk--

I understand where you're coming from, but it's hard for me to sympathize with drug users. My dad was a drug user (admittedly, stuff WAY harder than pot) and it destroyed my family. Again, I know pot is not a hard drug and it's impossible to OD on it, but there is something unsavory to me about drugs in general, and I just can't defend someone who does them.

Is pot any different from alcohol? I don't know. But that's not really the point. Both are intoxicating substances that enable you to do stupid stuff/cause harm to others. The fact one is legal and the other isn't is illogical, but it doesn't mean both are good.

Fair enough, however, alcohol makes you do stupid things/hurt people and pot makes you do nothing. One is a poison, one is a medicine.

**Tucking** · 09-02-2011, 07:03 PM

lmao what a fucking joke, he gets suspended for weed but Aqib Talib shoots at someone and hes fine

**ActualSpamBot** · 09-02-2011, 07:05 PM

Originally Posted by HoustonRaven

No, he can't. Charges are dropped, but there is no finding either way. Also, he gives up his right to appeal and his right to a speedy trial.

Hmm.. You may be correct. The annotated code simply states that completion of probation is NOT a finding of guilty. It doesn't specify whether or not it is a finding of NOT GUILTY.

Either way, if he completes his probation, he will not be convicted and the practical result is identical to a finding of not guilty in that the charges will be dismissed with prejudice and can never be brought against him again.

So yea, to conclude, B-more was incorrect when he said "Reed was convicted of his crime, but the Judge set aside that conviction and gave him the benefit of a PBJ." as a PBJ by definition is granted before one is convicted or exonerated. I may be incorrect in my assertion that he can legally be declared "NOT GUILTY" upon completion of his probation.

**Raven Nurse** · 09-02-2011, 07:42 PM

Originally Posted by EdReed4HOF

Legalize marijuana!

Plus 1, plus 2, plus 3, plus 4, plus 5 etc....

**B-more Ravor** · 09-02-2011, 07:42 PM

Originally Posted by HoustonRaven

Not all the time.

You can be placed on PBJ and not have any plea whatsoever.

It really doesn't matter what the Defendant's plea is. To receive a PBJ, you have to first be found guilty of the offense. The guilty finding is then essentially striken in favor of the PBJ.

Originally Posted by ActualSpamBot

So yea, to conclude, B-more was incorrect when he said "Reed was convicted of his crime, but the Judge set aside that conviction and gave him the benefit of a PBJ." as a PBJ by definition is granted before one is convicted or exonerated.

No, sorry, you are mistaken.

CRIMINAL PROCEDURE
TITLE 6. TRIAL AND SENTENCING
SUBTITLE 2. SENTENCING
PART II. SENTENCING PROCEDURES

Md. CRIMINAL PROCEDURE Code Ann. § 6-220 (2011)

§ 6-220. Probation before judgment

(a) "Custodial confinement" defined. -- In this section, "custodial confinement" means:

(1) home detention;

(2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or

(3) inpatient drug or alcohol treatment.

(b) In general. --

(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment , defer further proceedings, and place the defendant on probation subject to reasonable conditions if:
(i) the court finds that the best interests of the defendant and the public welfare would be served; and

(ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.

**Paintballguy** · 09-02-2011, 07:44 PM

PBJ is not a conviction.

The benefit of Probation Before Judgement is that a person who receives Probation Before Judgement can honestly say or, for instance put on a job application, that the person was not convicted in the case and has no criminal record. A person who receives Probation Before Judgement is also entitled by law to have the matter expunged in three years or, for good cause shown, sooner. Prior to the amendment the statute only allowed for a judge to incarcerate a person who received Probation Before Judgement in a few of the counties in the State. The reason I say that it is a good thing that the judges are now allowed to incarcerate someone is that it will and has resulted in more people receiving Probation Before Judgement instead of having permanent criminal records that can never be expunged.

http://www.marylandcriminalattorneyb...ement_a_p.html

**Raven Nurse** · 09-02-2011, 07:44 PM

Originally Posted by ActualSpamBot

Hmm.. You may be correct. The annotated code simply states that completion of probation is NOT a finding of guilty. It doesn't specify whether or not it is a finding of NOT GUILTY.

Either way, if he completes his probation, he will not be convicted and the practical result is identical to a finding of not guilty in that the charges will be dismissed with prejudice and can never be brought against him again.

So yea, to conclude, B-more was incorrect when he said "Reed was convicted of his crime, but the Judge set aside that conviction and gave him the benefit of a PBJ." as a PBJ by definition is granted before one is convicted or exonerated. I may be incorrect in my assertion that he can legally be declared "NOT GUILTY" upon completion of his probation.

Not an attorney, however, there is a statement of guilt when probation is applied. Wont tell you how I know(several years ago)

BUT, no record now!!!

**wickedsolo** · 09-02-2011, 07:55 PM

So, does this mean that Wines Hard is going to be suspended as well?

He got a DUI.

**B-more Ravor** · 09-02-2011, 07:57 PM

Originally Posted by wickedsolo

So, does this mean that Wines Hard is going to be suspended as well?

He got a DUI.

Yes, once his trial occurs, if he is found guilty - even if he receives a PBJ - he is subject to suspension.

If he is found not guilty or if the charges are dropped, then he probably won't be.

**B-more Ravor** · 09-02-2011, 08:00 PM

Originally Posted by Tucking

lmao what a fucking joke, he gets suspended for weed but Aqib Talib shoots at someone and hes fine

Talib only stands charged at this point, Reed's criminal proceedings are completed. Reed received a PBJ, which allows the Commissioner to act.

With the exception of Pacman Jones and Chris Henry (because of multiple incidents), I don't believe any player has been suspended before their Court proceedings were disposed of.

Talib, Ward and Britt all still have their criminal dispositions pending. Until those are resolved, no NFL punishment will be occurring.