I wanted to make this a fanshot but it is a bit too long. As we speculate on the future roster of the Broncos and what we should use draft picks on the Perrish Cox situation seems to befuddle many. He has been charged with an extremely serious crime. He could and probably would spend time in the Department of Corrections (the second worst type of prison) if he was convicted. However, he is still playing for the Broncos and no one has really said anything about a suspension. Anyway, whether or not Perrish Cox can go forward is a pretty critical peice of information. I am a criminal defense attorney in Denver and so I wanted to share some information that I am privy to because of my position.
First let me start by saying, I have no clue whatsoever what happened that night, and I do not want to speculate about what happened, that is not the type of information that I am privy too. Here are just a couple of thoughts to clarify the situation.
Remember the report that said Perrish could do life in prison. Well that was completely bogus. He is not charged with an class 1 felony which does carry a life sentence penalty. He is charged with a class 3 and class 4 felony, I beleive. The presumptive jail sentences on a F3 and an F4 are 4-12 years and 2-6 years respectively. Those are the presumptive minimums and the presumptive maximums. What that means is that they are not mandatory sentences. They could be less or more depending on the circumstances, but will generally fall into that range. What I would say, however, is that if Perrish Cox is convicted it would be difficult to avoid jail time. However, the main point of this fanpost is to say, that an outright conviction is unlikely to happen and let me explain why.
First, Perrish Cox has arguably the best attorney's in the state of Colorado. I have worked with some of these attorney's and they are great. This will obviously help his chances.
Second, I do not usually work in that part of town, but certain police departments have reputations. I recently spoke with two separate attorney's who do more work in Douglas County and they told me that Lone Tree Police have a terrible reputation as a police department that is largely out of control. Their gripe, is that that department will regularly over charge people. In other words, if you get a speeding ticket, let's say, for going 20 MPH over, they will charge you with a more serious offense like reckless driving, as opposed to the speeding ticket. It is an unfortunate but true part of our legal system, that where you are charged and the specific police officer investigating have a lot to do with the type of charges that they bring against you. In this case, it sounds like Lone Tree Police Department has a habit of being aggressive.
Well you say, what about the District Attorney, they have final say on filing charges in this case. That may be true, but the District Attorney for that Judicial District is one of the most disreputable District Attorney's around. She is also known for bringing very aggressive charges and setting policies that do not, let's say, lead to the efficient administration of justice. In my own experience, I think that the Judicial District Cox was charged in, is probably the most poorly run Office in the state of Colorado.
Finally, a little insight into the criminal justice system. I had a client who was charged with the same level of offenses Cox was. An F3 and an F4. He was facing a lot of time in jail, obviously. What people may not understand is that you are rarely convicted of what you are charged with and depending on the facts of the case, it is not unlikely to expect a very generous plea bargain in a case like this. For example, my client, facing the same level of charges, ultimately plead guilty to a class 1 misdemeanor and got a year of unsupervised probation. That is a slap on the wrist. Unless your Client is clearly guilty, and undercharged, meaning that it could have been more serious charges brought, generally speaking you can get the charges significantly reduced as a result of a plea bargain, particularly if it is your first felony charge.
To sum up, it would not surprise me at all if Perrish Cox reaches a very favorable plea agreement, there are a lot of factors involved that lend itself to the conclusion that he has been over charged and the state is likely to have a difficult time proving its case even if the case eventually does go to a trial. Oh, and by the way, Elvis Dumervil's charges are very minor. They are being handled in essentially a city court. In theory he could face up to a year in jail, but that is very unlikely. It would surprise me if gets anything worse than a fine, even if he is convicted.