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McClain’s lawyer says process will “start all over again”

Rolando+McClain+San+Diego+Chargers+v+Oakland+EbS0xbCdJoxl Getty Images

The bad news for Raiders linebacker Rolando McClain is that he was convicted on multiple charges and sentenced to 180 days in jail.  The good news is that he gets another bite at the legal apple.

Lawyer Harvey Steinberg, who apparently has expanded his client base from current and former Broncos to current and former Raiders, tells Adam Schefter of ESPN that Steinberg has filed a request for a jury trial, and that “the process starts all over again.”

Of course, McClain could be convicted all over again, too.  But Steinberg will have a better idea of the evidence he’ll be facing and the arguments the prosecution will use and the possible path to reasonable doubt after having an initial run-through that, in the end, meant nothing to McClain’s overall legal standing.

McClain is accused of assaulting an Alabama man last December.  The man claims that, among other things, McClain pointed a gun at the man and then fired it next to his head.  McClain is charged with third-degree assault, reckless endangerment, menacing, and unlawful discharge of a firearm, all misdemeanors.

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34 Responses to “McClain’s lawyer says process will “start all over again””
  1. spellingcopfather says: May 17, 2012 5:29 PM

    No money & he is our starting MLB, whats the next move Big Reg!!!

  2. seanb20124 says: May 17, 2012 5:31 PM

    Seems like 180 days was a good deal. Quicker you go in quicker you get out.

  3. steviekthr3e says: May 17, 2012 5:33 PM

    I’m just happy this gives Oakland a legitimate reason to dump this bum. He’s done nothing on the field to give them a reason to deal with such a headache.

    On to the next one Reggie…

  4. hedleykow says: May 17, 2012 5:37 PM

    What’s wrong with firing a gun next to a man’s head? Beats the crap out of shooting yourself in the leg, every time.

  5. eastsideballa says: May 17, 2012 5:38 PM

    He’ll be out next week.

  6. joetoronto says: May 17, 2012 5:43 PM

    eastsideballa says: May 17, 2012 5:38 PM

    He’ll be out next week.
    *************************************************
    I hope not. I hope he rots in prison and stays away from the raiders.

  7. despinosa8 says: May 17, 2012 5:44 PM

    So why didn’t Steinberg request a jury trial and evidence prior to appearing in court in the first place? If McClain had any brains he should fire him and hire Ray Lewis’s attorney…

  8. nfllifer says: May 17, 2012 5:54 PM

    What a waste! He’s a bum! I guess he was “all in” with Hughe Jackson’s philospophy of trying to build a bully. Something about this guy always made me uncomfortable. His buddy snitched too.. hahahahahaha! No class, what a maroon!
    I always thought the Raiders were better off without his trash…. and big hits on smaller guys. What a coward! I hope they cut ties with him.. and DHB too while they are at it. DHB said in OTAs that he is trying to be a “LEADER” for the rookies… well, how about that? How can you be a leader when you’re out getting drunk and caught driving… DUI. What a bum. We hear all the talk about how much he works.. how much money did AL fork over to this chump and for what? He cant even break 1000 yds receiving. Get rid of him too. He didnt even try to restructure his contract to help the team too. … CHUMP!!

  9. chiadam says: May 17, 2012 5:54 PM

    “I’ll be back on the streets in 24 hours.”

    “We’ll try to make it twelve.”

  10. hedleykow says: May 17, 2012 5:55 PM

    McClain should hire Vilma’s lawyer and sue someone for defamation. Where’s the evidence? Yeah, that’s what I thought!

  11. RedRuffensor says: May 17, 2012 5:58 PM

    What a huge waste of public resources to try McClain twice for the same offense! If our politician have any brains (unfortunately, few do, and those that do are usually corrupt anyway), they should amend the law to require those charged to make an election at the outset — trial by judge or jury — to avoid them getting 2 kicks at the can.

  12. pacodawg says: May 17, 2012 6:15 PM

    Trade Colt Mccoy for Mclain straight up!

  13. ty46 says: May 17, 2012 6:15 PM

    I really hope, this retarded gangsta gets multiple times 180 days in a jury trial.

  14. radrntn says: May 17, 2012 6:16 PM

    wow lets see, the day before the trial, or should i say hearing, a video appears out of nowhere, and then on the day of the hearing, the prosecutors give his friend a reduced sentence for snitching on rolando……..amazing all these months nothing, and in the last 24 hours everything…..no wonder they are going to trial…….at least there you can’t pull this kind of crap. The only thing the video shows is his buddy who is a rat and a snitch beating the crap out of somebody….lets get real what this is really coming down to is a civil trail, where somebody is trying to get paid….you can take the kid out of the ghetto, but you can’t take the ghetto out of the kid…..bunch of dumb brothers

  15. backstageatapuppetshow says: May 17, 2012 6:18 PM

    Time to cut McClain and move on….

    “What do you call 1,000 lawyers at the bottom of the ocean?”

  16. radrntn says: May 17, 2012 6:30 PM

    joetoronto says:
    May 17, 2012 5:43 PM
    I hope he rots in prison and stays away from the raiders.
    ________________________________

    tell me how you really feel

  17. mullman7675 says: May 17, 2012 6:34 PM

    Harvey Steinberg, lawyer. Well, it’s a good start…

  18. eaglesw00t says: May 17, 2012 6:39 PM

    Great. So the taxpayers get to pay for an entire new trial? I don’t get it. You don’t like the results so you get a mulligan? No wonder our country is broke. Between appeals and trials, it takes 6 years to try a criminal that should only spend 6 months in prison

  19. denverdave3 says: May 17, 2012 6:45 PM

    I’m a Bronco fan and I say give McClain every reasonable chance, but if he’s found guilty the next time, I’d say triple the penalty.

    Then the beloved Goodell should do his thing and suspend the player for an additional six games per conviction.

  20. slickmarine says: May 17, 2012 7:20 PM

    Hang him.

  21. screenpass says: May 17, 2012 7:33 PM

    2 Words Raider Nation:

    MILES BURRIS

  22. bamaboy3023 says: May 17, 2012 7:44 PM

    This kid was a beast at Alabama . He read defenses like a book No one envisioned the baggage that came with a prospect with this mush talent. Hopefully he came live up to his potential , As an Alabama and Chiefs fan . I really dreaded this kid being drafted by the Raiders.

  23. humb0lt says: May 17, 2012 7:53 PM

    Is it any surprise that the Raiders’ two most recent first round draft picks are in the news in the same week for engaging in criminal activity?

    Maybe trading their first round selections in the last two drafts for over 30 players is a good thing. Only the Raiders.

  24. granadafan says: May 17, 2012 7:57 PM

    I will laugh hard if the jury still convict him and the judge gives him MORE than the orignal 180 days that he really deserves.

  25. spellingcops says: May 17, 2012 8:16 PM

    Commitment to excrement. Just Lose Baby!

  26. lostsok says: May 17, 2012 8:17 PM

    While I support gun ownership and oppose restrictive gun control, any celebrity or athlete who carries is a fool. Flat out, period. A fool. Hired a bodyguard if you feel you need to, but carrying a gun is a just an ego-boosting mistake that will lead to…shooting yourself in the leg…discharging in public because you’re angry…or any other number of outcomes that will only lead to downfall.

    A few minutes of poor judgment and look at what McClain must deal with now…all exponentially worse for discharging a firearm.

    Imagine if the bullet had ricocheted back into that dude’s head?

  27. thegeneral7694 says: May 17, 2012 8:17 PM

    “So why didn’t Steinberg request a jury trial and evidence prior to appearing in court in the first place?”

    “If our politician have any brains (unfortunately, few do, and those that do are usually corrupt anyway), they should amend the law to require those charged to make an election at the outset — trial by judge or jury — to avoid them getting 2 kicks at the can.”

    – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

    Doesn’t work that way, guys. The trial took place in municipal court, where you do NOT have a right to a jury and you do NOT have any right to see the State’s proof beforehand. Doesn’t sound fair, right? Well, the flip side of that coin is that if the defendant is convicted at a trial in municipal court, he can appeal his conviction to circuit court, where he gets to start all over, and has a right to discovery and to a trial by jury with the presumption of innocence. If he had been acquitted, that would be the end of it….the State can’t appeal, so for McClain there was no real downside to having a trial in municipal court. This has nothing to do with a “broken system” or anything like that…actually, it’s the system working exactly like it’s supposed to. You just have to understand it.

  28. raiderapologist says: May 17, 2012 8:48 PM

    humb0lt says: May 17, 2012 7:53 PM

    Is it any surprise that the Raiders’ two most recent first round draft picks are in the news in the same week for engaging in criminal activity?
    Maybe trading their first round selections in the last two drafts for over 30 players is a good thing. Only the Raiders.

    Like Charger players have never been shot by cops or been busted for trafficking cough syrup or slapping around their girlfriends. It’s not only the Raiders, and even attention starved trolls that give their favorite player a sissy nickname like “Gatesy” know it.

  29. boltfansmith says: May 17, 2012 9:10 PM

    He’s guilty! He’s a Raider.

  30. raiderapologist says: May 17, 2012 9:26 PM

    humb0lt says: May 17, 2012 7:53 PM

    Is it any surprise that the Raiders’ two most recent first round draft picks are in the news in the same week for engaging in criminal activity?

    It’s no wonder the Chargers have been dominating the dysfunctional Raiders on the field lately. Oakland has been tripping all over themselves, trading away their draft picks, hiring and firing coaches, burying the owner, watching their top draft picks get sent to prison, and losing half their games, while the Chargers have, you know, won half of theirs.

  31. rraider says: May 17, 2012 11:13 PM

    All i can say is this is strange…Aqil talib shots @ somone and hasnt been to court much less sentenced and mclain shows up and is convicted and sentecned in one day.

    Dude should go in now. Lift for 2 months and maybe get out by training camp faster and stronger. Make or break time in his career.

  32. rodgersrodgersheisking says: May 18, 2012 4:27 AM

    Honest question from a legal luddite:

    How can you be convicted and then just demand the process starts again? Is this normal?

    If he is acquitted, can the prosecution demand a do-over?

  33. Nips Johnson says: May 18, 2012 9:06 AM

    Rolando McClain is the true definition of being a Raider. Oakland is so bad at drafting quality NFL players that it’s become quite hilarious.

  34. radrntn says: May 18, 2012 12:27 PM

    humb0lt says:
    May 17, 2012 7:53 PM
    Is it any surprise that the Raiders’ two most recent first round draft picks are in the news in the same week for engaging in criminal activity?
    _________________________________

    better then reading the obituaries dumbolt

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