Quote:
Originally Posted by FAX
Much more likely that he's going to let some air out. If there are charges, you don't call a presser ... normally.
FAX
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The key word there is "normally". The following analysis is based upon what has happened in some of my cases and upon how events proceed "normally".
Tyreek has an attorney. If they've decided to file charges, they would notify the attorney and make arrangements for the charging documents to be served. That is, the attorney agrees on client's behalf to have client report to jail for initial processing or attorney will accept the charging documents on behalf of client with a court order to appear at a certain time and a certain place.
Usually (again, the key word is "usually"), any press conferences follow an initial court appearance because then they can comment upon what has been filed. There is an incredibly strong presumption that matters filed in court are public. Exceptions typically are for search warrants prior to filing charges, arrest warrants prior to service, or some sealed pleadings that relate to specific, limited and defined matters involving the privacy of a witness or party. If charges are filed, the DA can discuss what charges were filed, potential penalties and generic matters, including factual allegations made in any public pleadings.
Since there are no news reports about Hill's arrest does this augur good news? Maybe, but the DA could also have decided to file charges and forward them to Hill's attorney so the attorney can accept the charges and make arrangements for a court appearance. Such a conference would be along the lines of, "After review of all of the evidence, the State of Kansas has charged Mr. Hill with X crime. His attorney has accepted service on his behalf and Mr. Hill's court date is Y. The charging document has been filed in open court."
That is not how it is typically done but there's nothing that prohibits it per se. Unless Kansas has some unusual rules, though, such a procedure does suggest that any crime would be relatively minor and would likely not involve domestic violence. Most states require an arrest if officials have probable cause to believe that a crime of domestic violence has occurred. I would be surprised if Kansas is an exception, but maybe it is. Given the likelihood that KS has such a requirement and the absence of news that Hill has been arrested, it stands to reason that any news conference would likely not announce a crime involving DV.
So reading the tea leaves, I would say that while we do not know what the press conference will involve, odds are against it involving a serious offense (felony) or a DV offense. If Hill gets arrested between now and the presser, that could change, but it would make little sense for the DA to announce a presser prior to any arrest if that was how they planned the press conference.
Having said that, law is not a science. There are unusual circumstances. This is my 2¢ and I could be way, way off. So keep in mind that opinions are like assholes: everyone has one and they usually stink.