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In light of the #DerriusGuice details trickling out, I wanted to put together a quick thread to cover the legal aspects of the case and how they affect his prospects going forward.
I’ve been a defense attorney for almost 20 years and there are a few things to know.
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I’ve been a defense attorney for almost 20 years and there are a few things to know.
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First, it is HARD to defend these cases when you have an obvious sense of what happened in the case. You always always fulfill your obligation to your client with a zealous defense, but the general public doesn’t realize this often involves....
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....trying to mitigate damage rather than proving it didn’t happen. Proving a negative is exceedingly difficult, especially in a case where there are no witnesses. Domestic Violence (DV) cases are often that way.
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This is not a TV show where there’s always a video, or a nosy neighbor, to tell you what happened. The VAST majority of DV cases are exceedingly simple - the victim’s word v the Defendant’s word.
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The only evidence that usually comes in are injuries (photos), statements, and sometimes 911 calls. Sometimes if the client is obtuse enough there are text messages/communications after the fact, but that’s rare. You’re mostly dealing with statements and injuries.
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Of course his attorney is going to deny everything - that’s what we are paid to do! But there are two things in the statement that are smokescreens.
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1 - “My client was not interviewed” - That may be true. But they don’t owe any defendant a chance to speak before filing charges, believe it or not. In fact, this makes Guice’s situation *worse*. That means the police/prosecutors had enough evidence and the victim’s...
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...recitation if facts was strong enough to file without his input. That’s bad news for Guice.
2 - “Due process was denied!” Nope. No. Huh uh. He will have his day in court. That’s what due process is. He will get a chance to defend himself.
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2 - “Due process was denied!” Nope. No. Huh uh. He will have his day in court. That’s what due process is. He will get a chance to defend himself.
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There’s a couple other things that I need to repeat here bc they are so key.
Please indulge me for a second - this is soooo important.
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Please indulge me for a second - this is soooo important.
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1 - The false reporting incidence rate for rape, sexual assault, and domestic violence cases is roughly the *same as all other crimes*. That rate is somewhere between 2-5%.
Are there instances where people lie? Of course! But seasoned police officers, defense attorneys...
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Are there instances where people lie? Of course! But seasoned police officers, defense attorneys...
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...prosecutors and Judges can sniff that stuff out. I’ve had plenty of DV cases where a woman used charges as a de facto eviction. I can spot it. So can any prosecutor/attorney worth their fee.
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Which leads to my next point:
2 - Believe women. It takes a lot of courage to face a man who allegedly choked you unconscious. But when that man is a football star? And has a rabid fan base behind him? It’s exponentially harder. Don’t be the “but but but but” guy. Please.
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2 - Believe women. It takes a lot of courage to face a man who allegedly choked you unconscious. But when that man is a football star? And has a rabid fan base behind him? It’s exponentially harder. Don’t be the “but but but but” guy. Please.
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So here’s the problem for Guice going forward.
It’s unlikely this is all a fabrication. What evidence they have and what they can prove is another issue altogether. But it is quite likely he is guilty of putting his hands on this woman in some fashion.
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It’s unlikely this is all a fabrication. What evidence they have and what they can prove is another issue altogether. But it is quite likely he is guilty of putting his hands on this woman in some fashion.
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I’m *NOT* saying he did all of this before you @ me! But I know this profession well and there is very little chance they filed these charges to take on an NFL player, without talking to him, unless they had a very good case.
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My take for fantasy: Guice is in trouble. The allegations are horrific. I’d guess he pleads to a lesser charge to avoid trial. But I’d guess the NFL will smoke him if the allegations are credible (as they appear to be). Perhaps he only gets 6 games as a “first timer”...
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...but more is on the table.
For sure some other team will take a shot on him if he gets 6 games. BUT if the rumors of his problems from LSU are accurate, we are dealing with a guy who hasn’t addressed his issues.
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For sure some other team will take a shot on him if he gets 6 games. BUT if the rumors of his problems from LSU are accurate, we are dealing with a guy who hasn’t addressed his issues.
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When you’re dealing with (alleged) domestic abusers who have history, and present problems, the future is not bright. I’ll be looking for specific comments and “terms of art” from Guice and his reps to see if he’s taking this problem seriously.
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If he doesn’t, and continues the denials, he’s as toxic as can be. Dynasty players beware, and look for a chance to offload him if he only gets 6 games or the charges go *poof*. But for now stay far away, especially in redraft.
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