09-23-2010, 03:34 PM
We pointed out on Tuesday that the recent DUI arrest of Jets receiver Braylon Edwards could trigger prosecution in Ohio for violation of the probation order entered when he pleaded no contest to assaulting the 130-pound friend of LeBron James.
Now, multiple reports have emerged indicating that the judge in Ohio will pursue the matter after Edwards' DUI case is resolved.
"The judge has been notified, pending the outcome of his case," Cleveland Municipal Court spokesman Ed Ferenc told Jenny Vrentas of the Newark Star-Ledger. "If he's found guilty, he will be called back to Cleveland and faces up to six months in jail and a $1,000 fine."
TMZ also reports that the Ohio judge won't take action while the DUI case is pending.
But the two reports conflict on whether a conviction is necessary. The Star-Ledger, quoting the spokesman, indicates that the probation will be in jeopardy only if Edwards is found guilty. TMZ reports otherwise.
Typically, the question of whether probation has been violated entails a reduced standard of proof, with the judge determining whether the preponderance of the evidence indicates guilt, not the better-known criminal standard of proof beyond a reasonable doubt. If that standard applies in Ohio, the judge could find violation of probation even without overwhelming proof of drunk driving.
Either way, he shouldn't expect lenience. "Someone who has as much to lose as you should not be standing in front of me," Judge Michelle Early told Edwards when placing him on probation in January 2010, after he pleaded no contest to aggravated assault. "Situations like this are senseless. You have to make better choices."
Now, multiple reports have emerged indicating that the judge in Ohio will pursue the matter after Edwards' DUI case is resolved.
"The judge has been notified, pending the outcome of his case," Cleveland Municipal Court spokesman Ed Ferenc told Jenny Vrentas of the Newark Star-Ledger. "If he's found guilty, he will be called back to Cleveland and faces up to six months in jail and a $1,000 fine."
TMZ also reports that the Ohio judge won't take action while the DUI case is pending.
But the two reports conflict on whether a conviction is necessary. The Star-Ledger, quoting the spokesman, indicates that the probation will be in jeopardy only if Edwards is found guilty. TMZ reports otherwise.
Typically, the question of whether probation has been violated entails a reduced standard of proof, with the judge determining whether the preponderance of the evidence indicates guilt, not the better-known criminal standard of proof beyond a reasonable doubt. If that standard applies in Ohio, the judge could find violation of probation even without overwhelming proof of drunk driving.
Either way, he shouldn't expect lenience. "Someone who has as much to lose as you should not be standing in front of me," Judge Michelle Early told Edwards when placing him on probation in January 2010, after he pleaded no contest to aggravated assault. "Situations like this are senseless. You have to make better choices."
