In the meantime, the NFL Commissioner Roger Goodell, has suspended Adrian Peterson from playing football and getting paid until April, 2015.  What does this have to do with a courtroom or a criminal case?

In the defense of any client, there are certain, simple actions that can be taken to improve their defense and their chances for lenient treatment.  None of these were done by Adrian Peterson.  Here are some suggestions for him: (I’m sure he’ll listen to me!)

1.  From day one he should have expressed, in some forum, his remorse.  He got the attention, but the true victim here was not Adrian Peterson.  It was his son.

2.  From day one, he should have started a parenting evaluation.

3.  He should have gotten to work as soon as possible on any recommendations coming from the parenting assessment.  These could include: anger management, counseling, education about discipline methods, etc.

4.  If Adrian Peterson was treated that way as a child (which was his defense) he may need therapy himself.  One of the great talents he has as an athlete is that he “runs angry.”  Maybe that stems from his childhood and he could benefit from therapy himself.

5.  In the Texas court, he really didn’t admit that he was guilty.  He should have done that.  The sentence would not have changed, but it would have shown him taking responsibility for his actions.

Recently, he has expressed remorse and said he was sorry for his actions, and that were all his fault.  It’s too late.  If he had done all of the above, before his case reached Roger Goodell, it would be hard for the commissioner to continue the suspension.  But by delaying these actions, Adrian Peterson has hurt his own case.  In any criminal case, a good defense lawyer has his client complete many of the anticipated probation requirements before he gets to court.  This puts the client in the best possible position when he must face the judge.  (Or NFL Commissioner).

These are simple steps that would have helped Adrian Peterson.  For some reason, he didn’t do them.  Was it poor legal advice or was it his own decision to not act?

The post What Adrian Peterson Did Wrong appeared first on Colin T. Nelson.

Adrian Peterson settled the case through a procedure called, No Contest.

—What does that mean?  In some jurisdictions in the country, a defendant is allowed to avoid pleading guilty, but at the same time, say they don’t want to fight the case.  Not every state allows this.  (Minnesota does not)  Why wouldn’t he simply plead guilty?  He may think his intent in the case was to only discipline the child.  Saying he’s guilty means admitting that he intended to do more than discipline the child.  He intended to harm him.  If Adrian Peterson admits guilt, it may jeopardize his child protection case pending in Minnesota and it may jeopardize his standing with the NFL.  Or, it may have been because he didn’t want to drag-out the case and go through a very embarrassing trial.

—Was this a plea bargain?  Yes.  Originally, Adrian Peterson was charged with a felony.  He said No Contest to a misdemeanor.  Which means the penalty is far less and the consequences for his other problems are also less.  Perhaps the NFL would not let him ever play again if he was convicted of a felony.  In addition, his plea bargain requires probation with several things to do, including going to parenting classes.

—Why would the prosecutor agree to this?  As I posted earlier, when parties go to trial, there’s no guarantee the prosecutor will win.  Particularly in a case with this much “baggage.”  (Star athlete, media coverage, sympathetic jurors, etc)  Also, it will avoid having to put the four-year old child victim on the witness stand.  With the agreement of the mother, the prosecutor chose to go for the sure conviction—even if it was only a misdemeanor.

—Does Adrian Peterson “get off?”  No way.  Not only has he missed several games, who knows when the NFL will allow him back.  He has a criminal conviction, is on probation for two years, and all of that will affect his contracts for sponsoring products.  Even if he’d pled guilty to a felony, he probably would not have gone to prison, anyway.  Why?  He’s a first time offender, showed remorse, was willing to change his parenting practices, and is a star.  I doubt he would’ve gone to prison.

—What do you think of this deal?  Fair to everyone?  Too easy on Adrian Peterson?

The post Adrian Peterson is Guilty–Sort Of appeared first on Colin T. Nelson.