News: Rolando McLain to stand trial for 2013 disorderly conduct charge Friday

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Denim Chicken

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The police are lucky he resisted. If they tried to give him disorderly simply for saying what he said, there is precedence for a lawsuit:

In 2009, a Pittsburgh man was awarded $50,000 after he was wrongly cited for disorderly conduct after flipping off an officer.

A suburban Oregon police department paid a local man $4,000 to settle a civil rights lawsuit in which he claimed he was pulled over for flipping off the cops in traffic.

Man Gives Cop The Finger, Gets Ticket, Sues City For $2.1 Million
 

Doomsday101

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The police are lucky he resisted. If they tried to give him disorderly simply for saying what he said, there is precedence for a lawsuit:

In 2009, a Pittsburgh man was awarded $50,000 after he was wrongly cited for disorderly conduct after flipping off an officer.

A suburban Oregon police department paid a local man $4,000 to settle a civil rights lawsuit in which he claimed he was pulled over for flipping off the cops in traffic.

Man Gives Cop The Finger, Gets Ticket, Sues City For $2.1 Million


There you go, he could have filed aginst the police but he didn't that is the point. He let his own immaturaity dictate what his response would be and now it is on him. I have never said cops are always right they are not but we also have a responsiblity on how we act to avoid this situation. I have had many run in with the police when I was young but I learned quick you get a lot further along with them by showing some respect as opposed to causing more of a conflict that you can't win. You get pulled over and tell the cop to go F himself I can promise you that you put him on the defensive and he is going to make it hard on you or you can show a little self control give him the respect and any issue you have you take it up with the right people at the right time.
 

Denim Chicken

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I have had many run in with the police when I was young but I learned quick you get a lot further along with them by showing some respect as opposed to causing more of a conflict that you can't win.

Best way to deal with police is to know your rights and keep your mouth shut. Though, you can see from my post above that some indeed do create a conflict with police they can win :)
 

Doomsday101

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Best way to deal with police is to know your rights and keep your mouth shut. Though, you can see from my post above that some indeed do create a conflict with police they can win :)

that is not the norm, I'm not saying you can't I'm saying often times people let their own anger get the best of them and take a simple situation and create a bigger problem for themselfs. Frankly i think there are a lot of people who have no respect for anything or anybody and I don't feel sorry for them when they put themselfs in these situations.
 

Denim Chicken

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that is not the norm, I'm not saying you can't I'm saying often times people let their own anger get the best of them and take a simple situation and create a bigger problem for themselfs. Frankly i think there are a lot of people who have no respect for anything or anybody and I don't feel sorry for them when they put themselfs in these situations.

True. Works the other way as well, though. Who knows how the police approached the situation--I wasn't there. Respect is earned IMO, not inherent upon employment.
 

Doomsday101

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True. Works the other way as well, though. Who knows how the police approached the situation--I wasn't there. Respect is earned IMO, not inherent upon employment.

as a society we give police privileges that we are not awarded they put their life’s on the line for the public so while the man in the uniform may be a person I would not respect the uniform and what it represents is. You have an issue with an office I would say there are people you can go to and file a complaint. Getting into an altercation on the streets with a police officer is not a good ideal. I have seen many tapes of police who let situations get out of hand and it ends up costing them their lives. He gave McClain and easy out by telling him and others to leave McClain didn't and that is cause for the arrest even if no curse words were being used.
 

Denim Chicken

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as a society we give police privileges that we are not awarded they put their life’s on the line for the public so while the man in the uniform may be a person I would not respect the uniform and what it represents is. You have an issue with an office I would say there are people you can go to and file a complaint. Getting into an altercation on the streets with a police officer is not a good ideal. I have seen many tapes of police who let situations get out of hand and it ends up costing them their lives. He gave McClain and easy out by telling him and others to leave McClain didn't and that is cause for the arrest even if no curse words were being used.

That's cool brother; I understand your view. I can't agree.

I do not respect the institution of Police for many reasons.
 

Doomsday101

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That's cool brother; I understand your view. I can't agree.

I do not respect the institution of Police for many reasons.

I just hope McClain does because if he plans on starting over with a clean slate then he needs to get his life in order and it starts with him, not the police or anyone else. He can control his own life using a little smarts as opposed to his action and mouth.
 

Denim Chicken

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I just hope McClain does because if he plans on starting over with a clean slate then he needs to get his life in order and it starts with him, not the police or anyone else. He can control his own life using a little smarts as opposed to his action and mouth.

That we can agree on--and hopefully he can still play!
 

GimmeTheBall!

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Heart means something to this fan...and being human is understood.


There are two types of resisting arrest convictions in California and thus there are two different types of penalties for each conviction. A person can be convicted of either misdemeanor resisting arrest or felony resisting arrest. The misdemeanor offense can be punished for up to one year in jail and suffer a fine of up to $1,000. The felony offense can be punished for up to three years in prison. Prison is not the same thing as jail. A jail is typically less heavily guarded than prison and is designed to house inmates who have been charged with a less serious offense. There is also the potential for more freedom of movement and greater privileges in a jail.

Read more : http://www.ehow.com/about_5438461_penalties-resisting-arrest.html


(a general reference)

You seem to know the law. where were you when I needed you, when them homeowners said I was illegally in their attic? Can i put you on retainer?
 

casmith07

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I never even took that into play...a way to get himself into game shape (court delay) before embarrassing himself in live action? Give him time to get his legs under him.

Lol, no. More like he didn't expect to get a call, and now he's on a team and the "oh ****, that court date tho" moment happened.
 

casmith07

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Ultimately whether you guys think someone deserves to STAND TRIAL or not for DISORDERLY CONDUCT is for you all to lob stones at each other. I'm here to tell you, as an attorney, there is no way I'm wasting mine or the judge's time - or ****, the accused's time - by taking some ******** like this to trial.

They're special down there in Alabama.
 

CCBoy

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You seem to know the law. where were you when I needed you, when them homeowners said I was illegally in their attic? Can i put you on retainer?

Lol, Gimme...I had a Regimental XO who 'dropped' through the attic of a Secretary and ended up at Fort Levenworth, Ks for breaking and entering. He had a black ninja uniform on when he dropped in.

I'm not an on the street variety, Cas is licensed. But I did attend a Law School, perform duties as a Court Reporter/paralegal, and was an MP for two years (Custom MP in Germany).

Wish I could have helped...probably talking you into a Mexican Martini instead.
 

CCBoy

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Ultimately whether you guys think someone deserves to STAND TRIAL or not for DISORDERLY CONDUCT is for you all to lob stones at each other. I'm here to tell you, as an attorney, there is no way I'm wasting mine or the judge's time - or ****, the accused's time - by taking some bull**** like this to trial.

They're special down there in Alabama.

Lol Sir...and that's the real deal. Was at Fort Bennings, Ga long enough to realize where the bread was baked.
 

speedkilz88

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From a new poster at the ranch/**click-bait**:

Dutton
Hi there. I have checked out this board pretty much every day going back to when the DMN forum fell apart and I found this one. Not sure if I've ever posted.

I work in Decatur, and my job requires that I know a little about this case. I talked with McClain's local-based attorney today. He tells me that McClain could sumbit some kind of stipulation judgement that basically means he has foreited the municpal trial. Then they would get an automatic appeal in Morgan County Circuit Court. That would allow McClain to go to camp without disruption as they set it for the docket. As with most jurisdictions, it will take a while to get to.

The lawyer isn't sure if that will happen because he is not the lead attorney. That would be a big wig from Colorado who the NFL uses in players' cases. He has not heard back from him yet. He says that is what he would advise.

In any case, it's small potatoes. The gun thing, which was also a municipal charge, was much more disturbing. I went to that trial, and it basically ended with a payout. If McClain just pleaded guilty in this case, he'd only be fined.

His lawyer tells me McClain seems to be very serious about making a comeback. He does not need the money as he has not come close to burning through that big guaranteed cash he got when drafted. He just wants to play and prove himself. Of course, that's what you'd expect to hear him say. But I'm holding out hope for him. People here say he has had legitimate psychological issues. He is getting treatment, and his time back in Tuscaloosa has reportedly been very good for him. And everyone says he absolutely loves his kids and is great with them, which is always a good thing.

I hope the trial doesn't happen Friday, because I'll have to be there asking him stupid questions when I'd rather ask him HOW DOES IT FEEL TO BE A DALLAS COWBOY!

Weird coincidence side note: the Decatur Officer who made the arrest report in the gun thing is named Jason Whitten. Yes, WITH an "H". That trial happened right after the spleen injury.
 

Mountaineerfan

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The police are lucky he resisted. If they tried to give him disorderly simply for saying what he said, there is precedence for a lawsuit:

In 2009, a Pittsburgh man was awarded $50,000 after he was wrongly cited for disorderly conduct after flipping off an officer.

A suburban Oregon police department paid a local man $4,000 to settle a civil rights lawsuit in which he claimed he was pulled over for flipping off the cops in traffic.

Man Gives Cop The Finger, Gets Ticket, Sues City For $2.1 Million

That's two very different situations. One is a silent act protected by freedom of speech.
The other is disorderly conduct because it was in public and it can incite a crowd.
 
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