Hector Olivera Arrested

[striker42]

Thanks. Can the victim agree to drop the criminal charges in exchange for a civil settlement, or is the decision whether to charge criminally in the hands of the authorities?

Criminal charges are always in the hands of the authorities. When you commit a crime it's not an offense against a person, it's an offense against the state. That's why when you're charged its "State v. Olivera" or "The People v. Olivera".

However, in the case of domestic violence, if the victim isn't willing to cooperate or doesn't want to pursue charges, then the charges are almost always dropped. If the victim doesn't care enough to want to pursue it then why should the DA waste their time on it? It's also extremely hard to prove a domestic violence case without the victim. So practically, if the victim doesn't want to pursue it then the charges would almost certainly be dropped.

Agreeing not to pursue criminal charges in exchange or a civil settlement is dicey territory. As a practical matter, it happens. But really, it's quite possibly a crime in its own right. You can't pay someone off to not testify against you.

[bravesfanforlife88]

[sc1767]

I think we can finish last without him.

[NinersSBChamps]

Free Drew!

[Dalyn]

I hope we release him.

[JxnMissFan]

How does a player being on administrative leave affect the 40 man roster?
Will Hector be on leave until this is settled by the courts?
If so I could easily see him missing the entire year.

[Dalyn]

Fredi's statement?

"We always knew he was going to hit. Just a matter of time."

[bravesfanMatt]

I hope we release him.

You are not the only one who is hoping he is released

[dak]

Looking like no deportation.

[striker42]

How does a player being on administrative leave affect the 40 man roster?
Will Hector be on leave until this is settled by the courts?
If so I could easily see him missing the entire year.

They can keep him on administrative leave for 7 days. After that the commissioner can either put him on paid suspension or let him play. If he's placed on paid suspension, the time on that suspension can count towards any time he's suspended without pay later provided he repays the pay he got during that time.

Not sure the effect on the 40 man. I think he still takes a slot but even if he doesn't you wont see any move there in case he's eligible to return more quickly than expected.

[striker42]

Looking like no deportation.

Not necessarily. The fact that its a misdemeanor instead of a felony under state law isn't how it's measured. An aggravated felony has been committed under federal law if there is a crime of violence with a sentence of at least one year. So it's still possible it would qualify as an aggravated felony. Of course, felony assault would have been worse for Hector.

Also at issue is whether this qualifies as domestic violence under federal immigration law. Olivera's relationship with this woman will determine a lot there. If she's a live in girl friend then it's likely to qualify as domestic violence which also could be deportation.

[sc1767]

Why keep a potentially major PR problem, who has a dim future, on a last place team? Money? Heck the Braves are a major real estate conglomerate, they can afford it.

[57Brave]

watched up close a very public "he said/she said"

Let's see how this plays out in court.

And, I agree with 50's assessment of how tough assimilating is proving to be for Cuban defectors . Both on and off the field

[Dalyn]

Is there any way we can convince Derek Lowe to get drunk and run him over?

[Julio3000]

Is there any way we can convince Derek Lowe to get drunk and run him over?

Derek Lowe doesn't drink and drive. He just street races. Rafael Furcal, on the other hand . . .

[CK86]

Would be fantastic if the Braves could cut him outright for violating a morals clause and pay him nothing else. That trade sure was a bust.

[Hawk]

This is like a sick joke.

I have been looking for just one single reason to like Olivera since the trade, but seriously, if the allegation holds any water, **** this guy into the ground.

[striker42]

This Goldberg dude has been all over this

[Preacher]

Don't care how good you are --- or in this case aren't --- if you batter women/assault women there's no place for you.

[cajunrevenge]

Good to see he is already convicted. We dont need any facts or reality coming out like that silly Duke case. We all know a woman would never lie about domestic abuse or rape. I think its ridiculous that he gets suspended before he has a chance to defend himself in court.