By Scott Daniels, Esq., NFL Draft Bible
The Plaxico Burress situation is nothing new. A high profile athlete makes headlines after an incident at a Manhattan night club. Gun charges are the result and another prima donna superstar gets suspended by the NFL. The only difference with this situation is that Burress managed to distinguish himself from most potential felons by shooting himself with an unlicensed weapon he foolishly branded while partying with friends and teammates last weekend.
And like every incident involving an NFL superstar, the media is all over it. Even Mayor Michael Bloomberg got some face time.
Rumors have begun to surface. Speculation is already running wild. And everyone with a pulse appears to have some sort of opinion on the Burress situation. But what most people disregard is that there are certain realities within this ordeal. Some may disagree with them, but no one can ignore them.
Plaxico Burress Is Not Going to Jail
Burress was charged yesterday morning with two felony counts of criminal possession of a weapon in the second degree. This is a Class C felony and the state of New York carries a mandatory prison sentence for carrying an unlicensed loaded handgun. The mandatory minimum prison sentence in New York is three and a half years.
It would appear to look pretty bleak for Burress, however, he is a first time offender. It is very common in New York for first time offenders to plea down to a lesser charge to avoid jail time. Don't be surprised to see Burress plea down to misdemeanor gun charges and receive a virtual slap on the wrist through probation.
Mayor Michael Bloomberg Could Care Less About Plaxico Burress
The Mayor of New York was quite vocal on Monday in response to the notion that Burress might receive preferential treatment in the eyes of the law since he plays for the New York Giants. Bloomberg's desires to see Burress prosecuted to the fullest extent of the law were loud and clear, but even he neglected to mention that this was Burress' first brush with the law.
Make no mistake about this. This was Mayor Bloomberg's opportunity to get national press coverage through a story that has attracted the attention of the entire country. He knew he had an opportunity to showcase New York's strict gun laws and he seized it by urging prosecutors to treat Burress like anyone else.
Well, just like everyone else in America Mr. Bloomberg, Burress is afforded the presumption of innocence, a fundamental legal right in our nation's criminal justice system.
Antonio Pierce Should Be Very Concerned
It's still very early in the investigation, but Antonio Pierce appears to have serious legal problems ahead. If police discover that Pierce attempted to cover up Burress' accidental shooting of himself, he could be facing obstruction of justice charges.
In The NFL, Players Are Not Innocent Until Proven Guilty
Roger Goodell has made it very clear that he will impose penalties on players before the legal system has it's chance to run it's normal course. Burress has already been suspended, without pay, for the remainder of the regular season. So how come the presumption of innocence doesn't apply in the NFL? Because it's a private entity.
Commishioner Goodell's new personal conduct policy has been the subject of debate since it throws out the notion of "innocent until proven guilty," but it has, for the most part, worked to deter players from off-the-field problems. Goodell's decision to suspend Burress is the result of Burress' complete disregard for the league's image and the New York Giant organization. It's up to the state of New York to decide Burress' alleged disregard for the law.
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