We at MMAmadhouse are very honored to have Dmitriy Shakhnevich, from The Fight Lawyer Podcast, give us a little insight before Thursday's court hearing. Please, check out his podcast out.
Well , Conor's charges are severe. It seems that he's charged with both the D and E felonies as it relates to Criminal Mischief. The E felony is 3rd degree Criminal Mischief, and that's up to four years in NYS prison. The D felony is 2nd degree Criminal Mischief, and that subjects him to up to seven years in NYS prison. He could also serve up to a year on each misdemeanor charge. But courts typically sentence concurrently for these types of cases, not consecutively. That means he’d serve all the sentences at once. That being said, it’s highly unlikely (very highly unlikely) that he’ll see any jail time at all. He’ll likely take a plea and avoid jail time. The bigger issue is his immigration status. Depending on how the case concludes, he may be restricted from coming back to the US. That can really hurt him.
Again, if he pleads guilty, in my view, he will likely avoid jail time. He has no criminal history, which matters. More importantly however, again, if he pleads to something that leaves him with a criminal record, that can affect his ability to re-enter the US. Obviously, that's hugely important because Conor makes his fortune fighting for an American company, with most of its shows in the US. But in terms of jail time, it's very highly unlikely that Conor will ever see any jail time in this case. If Conor continues to plead "not guilty," and refuses to engage in ANY plea negotiations, then the case will go to trial. If he's convicted at trial, it's entirely possible that he'll be sentenced to jail time, particularly due to the felony charges. Something tells me a plea will be worked out in this case to avoid any such risks.
On Thursday, Conor is appearing in Court to see if he was indicted. In every felony case in NY, the case must be indicted before the DA can proceed to trial. There is a prescribed time limit by which the DA must indict. The Court appearance on Thursday is designed to see if Conor has been indicted. An indictment is when a Grand Jury is empaneled to determine whether there is “reasonable cause,” to find that the defendant committed the crimes charged.
If the DA tries to indict but fails, then the case is over. However, that is incredibly rare. It virtually never happens. There are several reasons for that: (a) only the DA puts on a case, not the defendant; and (b) the standard to indict, again, is “reasonable cause,” which is a very low standard and obviously, much lower than the “beyond a reasonable doubt,” standard required to convict a defendant at trial.
So the Grand Jury will typically indict and return a “true bill,” then the case will be put over for disclosure of evidence, hearings and ultimately, trial. Of course, a plea deal can also be reached at any time during the case, including on Thursday. However, it is not clear if the DA will turn over any evidence on Thursday. They may, but also may not. So if they do not, I'm not sure the case can be pled out right there and then. And even if they do, Conor's lawyers will probably need to take some time to review it and ask for additional evidence. That's often what happens. But who knows, maybe over the past few weeks/months, Conor's lawyers have been in touch with the DA and a plea may have already been worked out. I always take a proactive approach in my cases, and they may have as well.
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