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Showing posts with label the legal line. Show all posts
Showing posts with label the legal line. Show all posts
Tuesday, June 17, 2008
Wednesday, March 12, 2008
MOSS APPEAL
By Scott Daniels, Esq., NFL Draft Bible
Randy Moss is arguably the most captivating wide receiver in the NFL. He is also one of the most controversial.
Moss dazzled fans in Minnesota with his blazing speed and ability to go up and virtually steal the football from mid-air. The Culpepper-Moss tandem was by far one of the most dangerous offensive threats in the last decade. But while Moss was quickly becoming a superstar, his individuality took center stage after he walked off the field during the end of a game while playing for Minnesota.
While there was only seconds remaining in that game, fans across the country proclaimed Moss a quitter and a cancer in the locker room.
Moss's legal resume dates back to 1996 where he faced charges stemming from an altercation with the mother of his child. The charges were eventually dropped.
In 2002, Moss was back in the news after physically bumping a traffic cop with his vehicle and his latest run-in with the law involved an alleged dispute with a woman at her Florida home in January of this year.
Earlier this month, the alleged victim, Rachelle Washington, petitioned the court to request that her case against Moss be dismissed. Several media outlets have jumped the gun and immediately began to report that all charges against Moss have been dropped. This is entirely not the case.
Washington had obtained a temporary restraining order (TRO) against Moss in early January. She received it "ex parte," which means that she got the TRO without informing Moss, which is perfectly legal. In Moss's case, the TRO directed him to refrain from going within 500 feet of Washington.
It's fairly easy to obtain a TRO and the party it's directed towards has no involvement in the proceeding until the actual hearing to determine whether or not the TRO will become a permanent restraining order.
No criminal charges were filed against Moss and Washington never filed a civil case against him. In the end, charges against Moss were not dropped because charges never existed.
The bottom line is, the media is obsessed with superstar athletes and their legal problems. Although it's unfortunate for Moss, once his name is dropped in the news, the assumption is that he is in trouble with the law.
It has become an American passion to watch our star athletes succumb to our nation's legal system and Moss has become the latest victim of this phenomenon. In this case, the public was privy to a flurry of allegations and rumors and all we knew was that a temporary restraining order was granted. That doesn't sound like a ton of information.
Once the story hit the news wires, many depicted Moss as a criminal. Now that Washington has dropped her restraining order against Moss, those same people are condemning Washington and coming to the defense of Moss. Meanwhile, the public knows practically nothing about the actual incident.
Rumors are beginning to surface that Moss entered into a settlement agreement with Washington, but it would seem odd to me seeing that the case involved a restraining order and not a civil action against Moss.
If there was a payment by Moss, the public will eventually find out, most likely by way of a court filing. And while Moss can get on with his already stellar career, the public's perception of him remains to be suspect.
Friday, October 12, 2007
TOP 10 NFL PLAYER ARRESTS SINCE 2005
By Scott Daniels, Esq., NFL Draft Bible
10. Bryant McNeal
McNeal was arrested on July 5, 2007 for a routine traffic stop. Police discovered that he had an outstanding warrant in Florida for defrauding a pawn broker and writing a bad check for $1,500. To make matters worse, he was driving with a suspended license and a busted headlight. Case is pending.
9. Justin Miller
Miller was arrested and charged with Assault on May 20, 2007. Miller allegedly hit a woman after he took a swing at a man who ducked inside a New York Nightclub.
8. Lionel Gates
Gates punched a pregnant woman in the face and was initially charged with felony battery in March of 2007. That was later dropped and he paid a $3,200 fine and had to attend anger management.
7. Lawrence Tynes
Tynes was arrested and charged with felony battery after he allegedly broke a bouncer's nose in a bar fight in August of 2005. Who said kickers were soft?
6. David Boston
Boston was arrested in October of 2005 after he struck a gate agent at a Vermont Airport when he was not allowed to board a flight. Boston pleaded no contest and paid a $500 fine.
5. Tommy Hendricks
Hendricks was arrested and charged with violating a restraining order filed by his ex wife. Hendricks was cut shortly after this incident.
4. Quintin Williams
Williams was arrested in 2005 and charged with a DUI and dragracing near the Miami Dolphins training facility. Williams was clocked at 111 mph. He pleaded down to reckless driving and receivedsix months probation. He was also cut from the Dolphins a day later.
3. Daunte Culpepper, Fred Smoot, Bryant McKinnie, Moe Williams
Following a night partying on cruise boat in 2005, these four men were charged with indecent conduct, disorderly conduct and lewd or lascivious conduct. The complaint alleged, among others, sex toy usage, topless lap dancing, public sex, etc. McKinnie and Smoot pleaded guilty to disorderly conduct, fined one game check by the NFL and given 48 hours community service.
2. AJ Nicholson
In June of 2006, Nicholson was arrested for burglarizing the apartment of a former teammate at Florida State. Nicholson pleaded no contest and received two years probation.
1. Michael Vick
Dogfighting. Enough said.
10. Bryant McNeal
McNeal was arrested on July 5, 2007 for a routine traffic stop. Police discovered that he had an outstanding warrant in Florida for defrauding a pawn broker and writing a bad check for $1,500. To make matters worse, he was driving with a suspended license and a busted headlight. Case is pending.
9. Justin Miller
Miller was arrested and charged with Assault on May 20, 2007. Miller allegedly hit a woman after he took a swing at a man who ducked inside a New York Nightclub.
8. Lionel Gates
Gates punched a pregnant woman in the face and was initially charged with felony battery in March of 2007. That was later dropped and he paid a $3,200 fine and had to attend anger management.
7. Lawrence Tynes
Tynes was arrested and charged with felony battery after he allegedly broke a bouncer's nose in a bar fight in August of 2005. Who said kickers were soft?
6. David Boston
Boston was arrested in October of 2005 after he struck a gate agent at a Vermont Airport when he was not allowed to board a flight. Boston pleaded no contest and paid a $500 fine.
5. Tommy Hendricks
Hendricks was arrested and charged with violating a restraining order filed by his ex wife. Hendricks was cut shortly after this incident.
4. Quintin Williams
Williams was arrested in 2005 and charged with a DUI and dragracing near the Miami Dolphins training facility. Williams was clocked at 111 mph. He pleaded down to reckless driving and receivedsix months probation. He was also cut from the Dolphins a day later.
3. Daunte Culpepper, Fred Smoot, Bryant McKinnie, Moe Williams
Following a night partying on cruise boat in 2005, these four men were charged with indecent conduct, disorderly conduct and lewd or lascivious conduct. The complaint alleged, among others, sex toy usage, topless lap dancing, public sex, etc. McKinnie and Smoot pleaded guilty to disorderly conduct, fined one game check by the NFL and given 48 hours community service.
2. AJ Nicholson
In June of 2006, Nicholson was arrested for burglarizing the apartment of a former teammate at Florida State. Nicholson pleaded no contest and received two years probation.
1. Michael Vick
Dogfighting. Enough said.
Tuesday, October 9, 2007
THE FINE HEARD ROUND THE WORLD
By Scott Daniels, Esq., NFL Draft Bible
During last year's Superbowl media frenzy, Brian Urlacher waltzed up to a podium for an ordinary press conference. Since Urlacher and his Chicago Bears team were practicing throughout media week at the Superbowl, it was only natural that he refresh himself with a cool beverage in between practices. Urlacher also exchanged that helmet of his for a cap he owned. The cap he donned was a Vitamin Water cap and the beverage was the same. This is what the NFL would call a "fashion no-no."
Unlike Gatorade, Burger King, Snickers, Pepsi, Samsung, Visa, etc., Vitamin Water is not an official sponsor of the NFL. Therefore, it has no place on the NFL stage and other corporate sponsors stand to lose millions when players sport other logos. OK, understandable. Players cannot wear unofficially licensed gear at NFL events. A simple warning sounds reasonable. Maybe a small fine would be legitimate.
The NFL took a slightly different route. Roger Goodell decided that Mr. Urlacher's actions were the equivalent of a hundred times the amount that Justin Smith, defensive end for the Cincinnati Bengals, received for pleading guilty to a DUI in 2004.
Urlacher was slammed with a $100,000 fine for wearing the Vitamin Water hat and players must now think twice before attending a certified NFL event in that Gucci leisure suit. From a logical standpoint, wearing an unofficially licensed article of clothing doesn't even compare to a criminal offense. Urlacher most likely wore the hat to freely advertise the drink during media week, but to fine him 100K - that's not justice, it's first degree robbery.
Seriously though, when a player acts outside of the interests of the league, or commits a crime that would tarnish the league's image, fines are an easy way to punish offenders. Everyone knows that most fines are insignificant to players that rake in millions each year, but the fine still has to be justified. How does the NFL justify a $100,000 fine on Urlacher for wearing an unofficially licensed hat? Simple. They can't.
Urlacher wore the hat in a press conference during media week of the Superbowl. So yes, the spotlight is a bit brighter during the Superbowl. However, by hitting Urlacher with a major fine that hit news wires immediately and become a relatively large story, Vitamin Water got an enormous amount of publicity. The NFL actually bolstered Urlacher's original intention - to get Vitamin Water some face-time during the Superbowl!
The NFL today is a business. Corporate sponsors run the show and money is the only thing that talks. Original named stadiums are almost extinct and have been replaced by the likes of Gillette Stadium, Lincoln Financial Field, Bank of America Stadium and Monster Park (this one sounds more like an amusement park than a stadium). The fine that Urlacher received was completely ridiculous. Players should be fined that amount when violating the law, not for violating some NFL bylaw inspired by huge conglomerates.
NFL players, I leave you with one piece of legal advice - to protect your hard earned assets, lose the Prada shades in the post game press conference. Start banking with Bank of America instead of Chase. Fly Southwest because we all know Delta isn't official. Trade in that LG for a Samsung and leave that American Express at home, the NFL only accepts VISA. If it's a Coke that you crave, make it a Pepsi and please, whatever you do, trade in that BMW for a General Motors vehicle, just to be safe.
During last year's Superbowl media frenzy, Brian Urlacher waltzed up to a podium for an ordinary press conference. Since Urlacher and his Chicago Bears team were practicing throughout media week at the Superbowl, it was only natural that he refresh himself with a cool beverage in between practices. Urlacher also exchanged that helmet of his for a cap he owned. The cap he donned was a Vitamin Water cap and the beverage was the same. This is what the NFL would call a "fashion no-no."
Unlike Gatorade, Burger King, Snickers, Pepsi, Samsung, Visa, etc., Vitamin Water is not an official sponsor of the NFL. Therefore, it has no place on the NFL stage and other corporate sponsors stand to lose millions when players sport other logos. OK, understandable. Players cannot wear unofficially licensed gear at NFL events. A simple warning sounds reasonable. Maybe a small fine would be legitimate.
The NFL took a slightly different route. Roger Goodell decided that Mr. Urlacher's actions were the equivalent of a hundred times the amount that Justin Smith, defensive end for the Cincinnati Bengals, received for pleading guilty to a DUI in 2004.
Urlacher was slammed with a $100,000 fine for wearing the Vitamin Water hat and players must now think twice before attending a certified NFL event in that Gucci leisure suit. From a logical standpoint, wearing an unofficially licensed article of clothing doesn't even compare to a criminal offense. Urlacher most likely wore the hat to freely advertise the drink during media week, but to fine him 100K - that's not justice, it's first degree robbery.
Seriously though, when a player acts outside of the interests of the league, or commits a crime that would tarnish the league's image, fines are an easy way to punish offenders. Everyone knows that most fines are insignificant to players that rake in millions each year, but the fine still has to be justified. How does the NFL justify a $100,000 fine on Urlacher for wearing an unofficially licensed hat? Simple. They can't.
Urlacher wore the hat in a press conference during media week of the Superbowl. So yes, the spotlight is a bit brighter during the Superbowl. However, by hitting Urlacher with a major fine that hit news wires immediately and become a relatively large story, Vitamin Water got an enormous amount of publicity. The NFL actually bolstered Urlacher's original intention - to get Vitamin Water some face-time during the Superbowl!
The NFL today is a business. Corporate sponsors run the show and money is the only thing that talks. Original named stadiums are almost extinct and have been replaced by the likes of Gillette Stadium, Lincoln Financial Field, Bank of America Stadium and Monster Park (this one sounds more like an amusement park than a stadium). The fine that Urlacher received was completely ridiculous. Players should be fined that amount when violating the law, not for violating some NFL bylaw inspired by huge conglomerates.
NFL players, I leave you with one piece of legal advice - to protect your hard earned assets, lose the Prada shades in the post game press conference. Start banking with Bank of America instead of Chase. Fly Southwest because we all know Delta isn't official. Trade in that LG for a Samsung and leave that American Express at home, the NFL only accepts VISA. If it's a Coke that you crave, make it a Pepsi and please, whatever you do, trade in that BMW for a General Motors vehicle, just to be safe.
Tuesday, July 31, 2007
THE LEGAL LINE: VOL. I
LIVING IN ROGER'S WORLD
By Scott Daniels, NFL Draft Bible
In an image driven league, the NFL took major steps to clean up its act this year when Commissioner Roger Goodell announced his new Personal Conduct Policy in April. The Policy is a measure of deterrence against the appalling off the field conduct by players that has plagued the league of late. With the Policy, Goodell made it clear that detrimental conduct off the field will not be tolerated. After countless arrests and numerous off the field incidents in 2006, Goodell, who got his start as an administrative intern under then NFL Commissioner Pete Rozelle, is attempting to weather this storm by delivering harsh penalties and swift action. Just ask Pacman Jones and Chris Henry. A year long suspension for Jones and eight games for Henry sent shock waves throughout the league and Goodell's message was loud and clear: Tarnish my league and you'll suffer the consequences.
While Goodell's Policy sounds like an effective way to clean up the NFL's image problems, it raises numerous legal issues that have already spurned controversy throughout the league. I believe that a rigid conduct policy is necessary in a league that has seen its fair share of criminal activity off the field, but the legality of the policy is very suspect. Is Goodell's Policy legal? Does he have the right to suspend players before they are convicted in a court of law? The answer to both questions is Yes and players in the NFL are quickly realizing that their new Commissioner is not afraid to exercise his power.
I am not questioning the rationale behind the Policy. It's absolutely going to make players think twice before acting outside the law. But does it go too far? What happened to the notion of "Innocent until proven guilty?" What about a players' right to due process and his opportunity to defend himself in the court of law? Well, under this new conduct Policy, a player's innocence is no longer presumed.
The major issue I see with this Policy is that a player may lose his ability to be gainfully employed even before he is found guilty of anything. Under the new Policy, a player can be punished by the league before he is convicted of a crime. In fact, there is a clause entitled "Persons Charged with Criminal Activity." According to this section, if a player is simply charged with a criminal matter, he is required to undergo a clinical evaluation and possibly even counseling. During the player's evaluation and / or counseling, if that player is arrested for or charged with additional criminal activity, he has committed "conduct detrimental to the team" and can be suspended or fined at the discretion of the Commissioner.
Goodell has essentially tossed out the idea that some of these players might actually be innocent of the crimes they are charged with. A player who is arrested or charged several times certainly creates the inference that they might not be a model citizen, however, justice cannot be had without listening to all the facts. The presumption of innocence is a pillar of not only the American Legal system, but our society. To suspend or fine a player before he is convicted of a crime contradicts the longstanding idea that a man is always presumed innocent until proven otherwise.
As for the legality of the policy itself, since the NFL is a private entity, Goodell has complete autonomy to create such a policy. While Goodell did consult with Gene Upshaw, the head of the NFL Player's Association and established a six player advisory committee to discuss conduct and disciplinary measures, this Policy was not collectively bargained for, nor was it expressly agreed upon by the entire league. But it doesn't matter because the Policy didn't have to be.
Since the inception of Goodell's new Policy, 3 players have been suspended for off field incidents. The bottom line is, playing in the NFL is a privilege, not a right. Say goodbye to the days of twenty thousand dollar fines that mean nothing to the stud wide out who gets arrested, charged and convicted for driving under the influence. Say hello to Roger Goodell and an incredibly strict conduct policy that has the potential of damaging a truly innocent player's future in the NFL.
Scott Daniels is a NYC Attorney and Co-Founder of The Legal Line. Read about the legal perspective of football politics as one of New York’s premier lawyers provides you with insight and analysis that even Mike Vick would pay for.
Email: scott@nfldraftbible.com
By Scott Daniels, NFL Draft Bible
In an image driven league, the NFL took major steps to clean up its act this year when Commissioner Roger Goodell announced his new Personal Conduct Policy in April. The Policy is a measure of deterrence against the appalling off the field conduct by players that has plagued the league of late. With the Policy, Goodell made it clear that detrimental conduct off the field will not be tolerated. After countless arrests and numerous off the field incidents in 2006, Goodell, who got his start as an administrative intern under then NFL Commissioner Pete Rozelle, is attempting to weather this storm by delivering harsh penalties and swift action. Just ask Pacman Jones and Chris Henry. A year long suspension for Jones and eight games for Henry sent shock waves throughout the league and Goodell's message was loud and clear: Tarnish my league and you'll suffer the consequences.
While Goodell's Policy sounds like an effective way to clean up the NFL's image problems, it raises numerous legal issues that have already spurned controversy throughout the league. I believe that a rigid conduct policy is necessary in a league that has seen its fair share of criminal activity off the field, but the legality of the policy is very suspect. Is Goodell's Policy legal? Does he have the right to suspend players before they are convicted in a court of law? The answer to both questions is Yes and players in the NFL are quickly realizing that their new Commissioner is not afraid to exercise his power.
I am not questioning the rationale behind the Policy. It's absolutely going to make players think twice before acting outside the law. But does it go too far? What happened to the notion of "Innocent until proven guilty?" What about a players' right to due process and his opportunity to defend himself in the court of law? Well, under this new conduct Policy, a player's innocence is no longer presumed.
The major issue I see with this Policy is that a player may lose his ability to be gainfully employed even before he is found guilty of anything. Under the new Policy, a player can be punished by the league before he is convicted of a crime. In fact, there is a clause entitled "Persons Charged with Criminal Activity." According to this section, if a player is simply charged with a criminal matter, he is required to undergo a clinical evaluation and possibly even counseling. During the player's evaluation and / or counseling, if that player is arrested for or charged with additional criminal activity, he has committed "conduct detrimental to the team" and can be suspended or fined at the discretion of the Commissioner.
Goodell has essentially tossed out the idea that some of these players might actually be innocent of the crimes they are charged with. A player who is arrested or charged several times certainly creates the inference that they might not be a model citizen, however, justice cannot be had without listening to all the facts. The presumption of innocence is a pillar of not only the American Legal system, but our society. To suspend or fine a player before he is convicted of a crime contradicts the longstanding idea that a man is always presumed innocent until proven otherwise.
As for the legality of the policy itself, since the NFL is a private entity, Goodell has complete autonomy to create such a policy. While Goodell did consult with Gene Upshaw, the head of the NFL Player's Association and established a six player advisory committee to discuss conduct and disciplinary measures, this Policy was not collectively bargained for, nor was it expressly agreed upon by the entire league. But it doesn't matter because the Policy didn't have to be.
Since the inception of Goodell's new Policy, 3 players have been suspended for off field incidents. The bottom line is, playing in the NFL is a privilege, not a right. Say goodbye to the days of twenty thousand dollar fines that mean nothing to the stud wide out who gets arrested, charged and convicted for driving under the influence. Say hello to Roger Goodell and an incredibly strict conduct policy that has the potential of damaging a truly innocent player's future in the NFL.
Scott Daniels is a NYC Attorney and Co-Founder of The Legal Line. Read about the legal perspective of football politics as one of New York’s premier lawyers provides you with insight and analysis that even Mike Vick would pay for.
Email: scott@nfldraftbible.com
Monday, July 30, 2007
WELCOME TO THE LEGAL LINE!
Scott Daniels and Rick Serritella have partnered up to deliver "The Legal Line", a unique perspective from NYC attorney Scott Daniels as he provides legal insight into the world of Law and Football.
Feel free to contact us and let us know how we are doing or any suggestions you may have.
-RIC
ric@nfldraftbible.com
Feel free to contact us and let us know how we are doing or any suggestions you may have.
-RIC
ric@nfldraftbible.com
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