jnormand |
11-27-2010 03:18 PM |
Ok, some of you know what I do so I'll chime in on this one....
First: The police witnessed the two arguing. Then they saw it "escalate" and they saw him grab her by the hair and drag her.
Now, I don't know Louisiana state law, but I know Idaho law and most states have similar domestic abuse laws. In some states, police don't have to witness a battery (especially domestic battery) actually occur to make and arrest. They just have to have enough evidence to show cause for an arrest. As someone suggested earlier, police cannot arrest someone on a charge of domestic battery (or any other charge) if they don't have the evidence to show that a crime occurred and the suspect is guilty beyond a reasonable doubt. I find it hard to believe that there is any state or local agency that would advocate the arrest of an individual after a "non-violent family fight" or "arguement". That is against the U.S. Constitution. What they can do is have one party leave or "suggest" that one party leave to let things cool down.
In Idaho (again not sure about Louisiana), the victim of domestic abuse does not have to press charges on the suspect. If the police have enough evidence to show that the suspect did indeed commit the crime, they can arrest and the state charges the suspect. This is because of the "battered wife syndrome" as some call it, in which the victim is too afraid of retalitation to actually press charges.
Bottom line is this: From what I read on NFL.com, the police witnessed the battery occur. Which probably means they arrested Will for a crime that they witnessed occur. This means, the charges may or may not have been pressed by Will's wife and it also means that he will not get a plea bargain or deal. The fact the officers witnessed it makes it that much stronger of a case.
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