Thread by @DrewDavenportFF

Ok I've had a chance to look at the Joe Mixon filing and have some thoughts for all of you on what might happen with his case, and by extension, his fantasy value.

Here is your Joe Mixon #FFLegalUpdate.

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When it comes to criminal charges I don't think anything could be more up my alley. I handle mostly misdemeanor cases in Ohio, and Aggravated Menacing is one of the more frequent charges I see.

O.R.C. 2903.21 says...

2/

Menacing is another way to say someone threatened someone. In Ohio that's a low-level 4th degree charge if it's a threat of physical harm, but enhances to a 1st if it's a threat of serious physical harm or death.

The maximum punishment is 180 days in jail and a $1,000 fine.

3/

Because the charge is not a felony they simply file a complaint and affidavit of what allegedly happened and then the charge becomes "live", so to speak. They don't need to seek an indictment from a grand jury.

I worked in the Prosecutor's office in Law School filing...

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...misdemeanor charges from the public. We certainly screened the complaints & assessed whether it was a good charge or not, but often charges can come from an allegation that someone simply swears is true. Not perfect, I know, but there are lots of checks along the way.

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In this situation the allegation is that this happened downtown in Cincinnati and that Mixon told the woman, "You should be popped in the face, I should shoot you, the police can't get me." The worst part is that he allegedly pointed a gun at her as he said it.

#FFLegalUpdate
6/

So why the warrant? Well this is not unusual for a couple reasons.

1 - This complaint was likely made after the fact when Mixon wasn't there.
2 - It is a violent offense that is less likely to be served by summons, but a warrant instead (think: Theft v. Assault)

7/

What happens now?

Mixon will hire an attorney and be walked through the system. He likely won't see the inside of the jail for the warrant unless he dawdles for some reason. It is common when hiring counsel to be given the benefit of the doubt with bond.

8/

I would expect an OR bond (no money) with a pretrial date coming. There will likely be a No Contact order as a condition of bond so that he is not allowed to contact the victim while the case is pending.

At this point we don't know whether he knows the alleged victim or not.

9/

Will this take forever like the Alvin Kamara case?

No. It's a misdemeanor so Speedy Trial is 90 days. If he waives it (likely) they have 6 months. The Ohio Supreme Court will send the court a "what are you doing with these?" list for cases that go past 6 months.

10/

So what's going to happen to him?

That's a tough question. As always, remember when a victim is involved there is a lot that can happen. We don't know what kind of conversations the Defendant, the State, and the alleged victim will have.

Here are the problems for Mixon.

11/

First, if this happened downtown it is possible that there are independent witnesses. That would paint a clearer picture.

Second, remember that Mixon has a past from college. It's easy to say, "Why does that matter?" but remember this from the NFL's Personal Conduct Policy:

12/

The phrase "similar misconduct before entering the NFL" certainly seems to apply here. Not only is this a violent charge, but a woman is involved again. If it turns out she is a girlfriend or ex-gf things will really escalate quickly in the eyes of the league.

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Will he go to jail?

It's possible, but unlikely. Most times these charges do not end with jail time, but that's dependent on a lot of factors that I can't see right now.

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In the end, we are at an early stage in the proceedings so it's hard to call. I think it's a little weird that this happened on 2/21 yet we are just seeing charges now. That usually means one extreme or the other - they were compiling a great case, or they have nothing.

15/

If this turns into a "he said, she said" thing then it gets much easier for Mixon. That doesn't mean it didn't happen, just that it's harder to prove he did it.

On the other hand who knows if there is video or other evidence (like witnesses).

16/

I think it's interesting that the Bengals specifically said they were aware of the "misdemeanor" charges, as if to downplay it.

I know from experience that if the tendency he has towards women is there in college it doesn't magically go away.

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Having said that, his team will go hard at this charge and I'd be surprised if he was convicted of anything serious or violent in the end. That's PURELY a guess, but that's how these things usually go. A reduction or dismissal is possible.

We'll just have to be patient.

18/

For now I think his fantasy value is in the tank. This type of thing is not uncommon with his past. That doesn't mean he did it, but it does mean that unless he's handled that issue it will continue to boil beneath the surface.

I'd be very careful trying to trade FOR him.

19/

Mixon can easily be cut by the Bengals, and will be on the wrong side of 27 when July hits.

Tread carefully.

Remember that even if he's found not guilty, the league can still suspend him.

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For now, be careful and understand there is a WIDE range of outcomes here.

If this thread helped you please RT the first tweet in the thread. If not, thanks for reading this far and I always appreciate your support.

Have a great weekend!

21/fin