Rashee Rice Criminal Case
The Rashee Rice criminal case involving hit-and-run and aggravated assault charges has brought attention to criminal cases involving car wrecks. Anytime professional or college football player has been arrested there is a lot of publicity surrounding the case. Since the incident was captured on video and Rice has admitted to the police, he was the driver people ask what kind of defense his lawyers can use in the criminal case.
Defenses that would get Rice off all charges in this case are limited. Since he has admitted he was driving one of the cars and there was plenty of evidence linking him to the cars through other records identity is not an issue. When reviewing the evidence in a case a criminal attorney must decide if he will fight the case on guilt or punishment. In this case it is clear the Rice’s defense team is not fighting guilt but is trying to mitigate the punishment.
That doesn’t mean they would plead Rice to all the charges that have been brought against Rice. In fact, Rice’s lawyers will probably argue that the prosecution has over charged Rice and try to reach an agreement for a plea to some of the lessor charges. They first step in the that defense has already been accomplished. Rice has cooperated with the investigation and admitted his guilt. Taking responsibility goes a long way and trying to negotiate a favorable plea bargain.
Civil lawsuits have also been filed against Rashee Rice. This isn’t unusual especially when an NFL player is involved. Rice’s criminal attorneys will probably try and negotiate civil settlements that will help with his criminal case. Compensation of victims is something prosecutors consider during plea bargains. Restitution to victims can be a condition of probation. In some cases, criminal lawyers work out a restitution agreement with a victim and in return obtain an affidavit of non-prosecution. That is an affidavit in which the victim says I am fine with not going forward with this case. Rice is lucky that there are not severe injuries that put a victim in the hospital.
The prosecution is not bound by an affidavit of non-prosecution. They can still proceed with prosecution and even have the victim come to court to testify. However, the prosecution often takes an affidavit of non-prosecution into consideration of how they dispose of the case and give the defendant a more favorable pela bargain.
Publicity is another hurdle the defense must overcome in the Rashee Rice criminal case. Anytime a criminal case receives a lot of publicity the DA’s Office is under more pressure. Prosecutors don’t want to be criticized by the press or the public for being too lenient on crime. The defense will have a very hard time to get a complete dismissal on all criminal charges. The likely outcome is a plea deal for lessor charges with deferred probation. Rashee Rice will not be going to prison. There is a chance the prosecution could require Rice to spend some time in jail as a condition of probation.
Rice will also have to face discipline by the NFL. The NFL usually waits until the criminal case is over before they move forward. The outcome in the criminal case will be a major factor in NFL’s decision on discipline.
Anytime a person is charged with a hit-and-run charge they should hire an experienced criminal lawyer as soon as possible. The right lawyer can help achieve the best result for the client.
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