Ray McDonald arrested for domestic violence...

[russoloco]

You can get arrested, post bail and not be charged. Why, because one does not get formally charged until an arraignment hearing. Yes, you can get your bond back, if, at the arraignment hearing, the judge drops all charges. "Bond shall be released to the defendant."

 

[hawknation2014]

Let's get some shizzle straight here. He hasn't, officially been charged with ANYTHING. Until the District Attorney charges there is nothing. The Police can say anything they want and PUSH for a charge. This means, nothing until the DA gets involved. He was arrested and released. That is all we know.

My only question. How can you have a 25k bail and not be charged with something. Would they give that money back if he ends up not being charged?

You don't need a DA to file formal charges against someone. McDonald has been formally charged by Santa Clara County and his bail/arraignment have been set.

They had the option to not charge him after he was arrested but instead they elected to charge him with felony domestic violence. He's correct that the DA could alter what has been charged at his arraignment, however that does not mean he hasn't been charged.

 

[Laloosh]

Will wait for actual facts but it's interesting that the official police report will not be made public. Is that common practice?

Also, here's a link to arrests by team since like 2000. In case anybody's wondering, we've had plenty of them associated with the team.

http://www.usatoday.com/sports/nfl/arrests/all/all/all/

 

[chris98251]

I didn't know the court system was open on Sunday, guess a bit of preferential treatment was used somewhere.

 

[Cartire]

I didn't know the court system was open on Sunday, guess a bit of preferential treatment was used somewhere.

Oh yea... I didnt think of that. Usually when your booked Friday night - Sunday, you have to wait till monday till you can get out.

But, like that Tim guy said, Trent and the Yorks have the PD in their pockets.

 

[chris98251]

Also it's a holiday weekend nobody gets hearings till Tuesday, in fact it's a three day weekend and on Fridays they like a light dockett and getting picked up for something usually means you wait till Tuesday or longer to get arraigned. Strings were pulled, getting ahold of anyone on this last weekend before school etc can't be easy.

 

[Sports Hernia]

A couple facts to consider:

1. McDonald has been charged with FELONY domestic violence. Under CA law, domestic violence is a "wobbler" crime that may be charged as either a misdemeanor or a felony depending on the facts of the case (i.e. severity of the domestic violence and extent of physical injury) and the defendant's prior criminal history. Looking at the facts of this case, they elected to charge it as a felony. Even if McDonald managed to plead down to a misdemeanor conviction, he would still be subject to a six-game suspension with a potential escalator because the victim is pregnant.

2. In addition to the victim being pregnant, preliminary reports indicate the victim displayed physical evidence of abuse in the form of bruising. This is a key fact in the event that the victim either refuses to testify or changes her statement, a la Ray Rice's now wife.

The looming question now is whether Harbaugh and the 49ers will hide behind the need for a final adjudication, even if the facts are damning on their face. We know they chose to do this with Aldon Smith, playing him in a game just two days after he slammed his car into a tree with a BAC that was twice the legal limit. And even after Smith pled no contest to that charge and his three illegal weapons possession charges, they still refused to reprimand him with Harbaugh proclaiming that he was still a member of the team in good standing.

The 49ers are currently employing the same avoidance strategy with Chris Culliver, who is awaiting his own felony weapons possession charge after allegedly threatening someone with illegal brass knuckles following a hit and run. There is little doubt that the facts show Culliver is guilty of possessing that weapon, which is a felony in CA.

Whether Culliver and McDonald start in the season opener will speak volumes about how seriously Harbaugh and the 49ers view these offenses. Do they play them for the entire season as the legal process in Santa Clara continues to be delayed? That would hardly be "above reproach."

Jeez...

Yet another "if they don't assume guilt then they are horrible people" argument.

Please.

There is a legal system and there is a league punishment system, you insist that the team instill yet another layer of punishment for player who have not yet had their day in court.

Homerism at it's finest. That and the insistence that the SC DA is somehow complicit in hiding crimes which I've read before. You guys have some grand scheme cooked up with public officials, the team, and especially Harbaugh as grandmaster villains of the first order.

Quite creative. You peeps call ME delusional but you've got this whole conspiracy cooked up.

I started this thread to talk about stuff that was real, not your homerific, biased fantasies. I'm done with this thread.

Out.

You of all people calling others a "homer" is hypocrisy at it's finest!

 

[russoloco]

Let's get some shizzle straight here. He hasn't, officially been charged with ANYTHING. Until the District Attorney charges there is nothing. The Police can say anything they want and PUSH for a charge. This means, nothing until the DA gets involved. He was arrested and released. That is all we know.

My only question. How can you have a 25k bail and not be charged with something. Would they give that money back if he ends up not being charged?

You don't need a DA to file formal charges against someone. McDonald has been formally charged by Santa Clara County and his bail/arraignment have been set.

They had the option to not charge him after he was arrested but instead they elected to charge him with felony domestic violence. He's correct that the DA could alter what has been charged at his arraignment, however that does not mean he hasn't been charged.

Incorrect, you can not be FORMALLY charged until you have been in front of a Judge; period.

 

[chris98251]

Then why when you get arrested do they charge you, and then when you go to court they state you have been charged with whatever how do you plead.

 

[Cartire]

Let's get some shizzle straight here. He hasn't, officially been charged with ANYTHING. Until the District Attorney charges there is nothing. The Police can say anything they want and PUSH for a charge. This means, nothing until the DA gets involved. He was arrested and released. That is all we know.

My only question. How can you have a 25k bail and not be charged with something. Would they give that money back if he ends up not being charged?

You don't need a DA to file formal charges against someone. McDonald has been formally charged by Santa Clara County and his bail/arraignment have been set.

They had the option to not charge him after he was arrested but instead they elected to charge him with felony domestic violence. He's correct that the DA could alter what has been charged at his arraignment, however that does not mean he hasn't been charged.

Incorrect, you can not be FORMALLY charged until you have been in front of a Judge; period.

Pretty sure a judge is the only one that can set bail.....

 

[hoxrox]

Cam Inman ‏@CamInman · 6s
49ers Ray McDonald to @KTVU as he left jail: "The truth will come out. Everybody knows what kind of person I am. I'm a good-hearted person"

Marv, if it helps I hope it does and that he's innocent, but if he did it I want him in jail.

I'm with this statement 100% if he is innocent then cool. But if he did do it. He needs to rot in a hole.

I'm in total agreement. I won't defend a wife beater...but I'm not gonna put that label on someone until I know the facts of the case.

I'm all for due process and the "facts" but it's pretty homerific to believe he's innocent.

The only way that would be the case is if the bruises identified on the wife's neck and arms were self-inflicted, which is doubtful.

 

[russoloco]

A bail amount can be set by statute, correct? No Judge involved.

 

[loafoftatupu]

They charged him and booked him. He can be detained for a limited amount of time and if he hasn't been charged he can be released. He can even be released on his own PR if he is charged without going before a judge. That's not what happened. He was charged and released on bail.

The DA can always drop the charges and frankly that office has been very generous to the Niner organization. I just don't know how many more chances they are going to get. When dude comes out and says "the truth will come out" after being released on his own PR I am inclined to believe him, but when dude has to post 25k to get out there is a good chance the truth isn't that far off from what he is arrested for.

I certainly don't assume that the guy is guilty, but I am pretty sure that McDonald did commit some form of physical abuse just based on the 25k bail and arrest. Whatever it is, based on recent history with that court there is bound to be some special treatment. Maybe the court needed a 3rd luxury suite.

 

[russoloco]

I'm all for due process and the "facts" but it's pretty homerific to believe he's innocent.

The only way that would be the case is if the bruises identified on the wife's neck and arms were self-inflicted, which is doubtful.

Do you, or the media have such pictures because that's a pretty vivid painting of someone that wasn't there at the time? If so, he gets what he deserves. Again, the "facts" have yet to come out.

 

[russoloco]

California is OR, "Own Recognizance." FYI

 

[lsheldon]

I'm all for due process and the "facts" but it's pretty homerific to believe he's innocent.

The only way that would be the case is if the bruises identified on the wife's neck and arms were self-inflicted, which is doubtful.

Do you, or the media have such pictures because that's a pretty vivid painting of someone that wasn't there at the time? If so, he gets what he deserves. Again, the "facts" have yet to come out.

http://www.mercurynews.com/crime-courts ... ce-charges

San Jose Police said in a statement that police were notified about an alleged domestic violence incident shortly before 3 a.m. in the 2500 block of Bentley Ridge Drive.

Officers responded, and an investigation found that "the domestic violence allegation was substantiated," police said.

McDonald, 29, was arrested and booked into the Santa Clara County Jail on felony domestic violence charges, police said in their statement.

He was released on bail later in the day. Police said they would complete their investigation and turn the results over to the Santa Clara County District Attorney's office but would not provide any further details.

McDonald is scheduled to appear in court Sept. 15, according to CSNBayarea.com.

The Sacramento Bee reported that the incident occurred at McDonald's home, where McDonald and his fiancee were celebrating McDonald's upcoming birthday. At some point, McDonald and his fiancee got into an altercation, which resulted in her sustaining bruises on her neck and arms. The Bee cited a police source as saying McDonald's fiancee is 10 weeks pregnant.

 

[rlkats]

Who really gives a pile of donkey shit. Him and rice deserve to be hung by the balls and women allowed to beat them to death. And yes Marvin I thin the idiot did something to put bruises on a pregnant woman. What big bad scary men these are to assault a woman. Wow I'm really impressed. More and more every year the nfl sickens me with the way they handle these situations.

 

[mikeak]

I am going to let the system work this a little further before I pass judgement. More of the story needs to come out. I won't wait for the verdict (think OJ) but more information. One interesting sentence was the "domestic abuse substantiated". It means someone claimed it and then they saw it. Pretty damming

With that said. The team should be allowed to suspend him. If the NFL follows with a suspension then those games count and paycheck is forfeited but if the NFL doesn't suspend him they would owe him money. This would be better to let players figure out their problems without sitting him now and then suspending him later.

 

[rlkats]

I am going to let the system work this a little further before I pass judgement. More of the story needs to come out. I won't wait for the verdict (think OJ) but more information. One interesting sentence was the "domestic abuse substantiated". It means someone claimed it and then they saw it. Pretty damming

With that said. The team should be allowed to suspend him. If the NFL follows with a suspension then those games count and paycheck is forfeited but if the NFL doesn't suspend him they would owe him money. This would be better to let players figure out their problems without sitting him now and then suspending him later.

I guess we are in a world of innocent until proven guilty. Thank God. But where did the bruises come from? On the back of her neck and arms. Seems like he was holding her down or just pulling at straws here maybe she lost her mind and he was holding her back. Or maybe maybe maybe. That's all we have. I have no tolerance of abuse on a pregnant woman. He is big enough of a man that he would have done way more damage than bruises on the back of the neck and arms. But again its all BS speculation.

 

[TXHawk]

This is the Niners tenth arrest since the start of 2012 which is the most in the NFL. Yeah, they're above reproach. I do not think that word means what Harbaugh thinks it means.

That team just seems like a hot mess right now. Could be headed for a fall.