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Probation violation could be much bigger problem for Dennard than DUI

Dennard Getty Images

As MDS pointed out, authorities in Lincoln, Nebraska already have set a hearing for July 31 on the question of whether Patriots cornerback Alfonzo Dennard’s recent DUI arrest constitutes a violation of his probation arrangement arising from a conviction for assaulting a police officer.

That’s bad news for Dennard, for several reasons.

While the Dennard camp (like Aaron Hernandez, Dennard is represented by Athletes First) leaked to Ian Rapoport of NFL Network Dennard’s obviously self-serving view of the latest incident, the presumption of innocence, the standard of proof beyond a reasonable doubt, and all other constitutional protections go out the window when the question is whether the defendant violated the terms of his supervised release.  In most jurisdictions, the civil standard applies, which means that, if the judge believes it’s more likely than not that Dennard violated the terms of his probation, he’ll be found to be in violation of it.

Further complicating matters for Dennard is the strong possibility that the terms of his probation prevent him from using alcohol.  So it won’t matter whether he was driving drunk.  If it can be proven by a preponderance of the evidence that he consumed alcohol, he could be in trouble.

It doesn’t automatically mean he’ll be thrown in jail.  And if the judge decides to give him a second chance, he should remember to simply tell his lawyer “good job” without any slaps to the buttocks.

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8 Responses to “Probation violation could be much bigger problem for Dennard than DUI”
  1. helloanybodyhome says: Jul 13, 2013 6:45 PM

    Why even take a look at a guy that is accused of assaulting a cop?
    Probably time to change the way they evaluate players…the team looks bad by picking up these losers.

  2. godofwine330 says: Jul 13, 2013 7:03 PM

    I never understood prohibiting a person to drink unless consummation to excess was the reason for the trouble they were in. Even when a player tests positive for steriod/PEDs they are put in a program where they can’t drink.

    It is about control. That is all. Some people like to drink, even if it is in their house. Why go back to the 30′s if not for the control of an individual, huh? It’s like my dad always trying to take away the things I liked to do in a Christmas Grinch kinda way.

  3. vibesid says: Jul 13, 2013 7:05 PM

    They will try to determine the facts and then determine if they constitute a probation violation. If Dennard’s point of view prevails, he’ll probably go free. If not, he should be brought before the judge and sentenced immediately.

  4. titansbro says: Jul 13, 2013 8:58 PM

    Well he was in a bar fight when he punched the cop so it’s likely that alcohol was involved. So I would bet that IS a term of his probation.

  5. pynflfan says: Jul 13, 2013 9:30 PM

    He probably will just be forced to serve his 30 days immediately because the objective is not to put people in jail for as long as possible. Everyone just wants to hand out probation. Son if anything he’ll get an extended probation or he’ll serve the 30 days immediately, or both. Either way it’s not that bad, and he’s still a very good player

  6. oldhuskerfan says: Jul 13, 2013 9:54 PM

    It’s obvious he has a problem with alcohol. If you have ever known or lived with an alcoholic, you know that until they are ready to change, it ain’t going to happen. Maybe some jail time and being bounced from his job will drive the point home to him. It’s always a shame when someone subjugates their lives to alcohol and even worse when so much potential is involved and lost.

  7. usa98j30t4 says: Jul 14, 2013 7:24 AM

    I thought I read that refraining from alcohol was NOT a condition of probation.

    With that being said, the guy is an idiot for even stepping foot back in Nebraska……

  8. wte1 says: Jul 14, 2013 8:39 AM

    I sense the cops in Lincoln, Nebraska have targeted this guy.

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