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Mike Richards Charged with Possession of a Controlled Substance (Post 360)

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KingBogo

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Stimpythecat said:
What did a good number of hockey writers that claimed inside knowledge say?

Things along the lines of:

"Icky"
"wowzers"
"More to this than a simple arrest for possession"

If all that happened was an oxy issue, that would not account for those reasctions.
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Except all Richards has been charged with is possession of a controlled substance. All reports are it was a very small amount of Oxicodone in a pill bottle with other medications. A pain reliever that is commonly prescribed with no indication it was intended for anything other than personal use. He is a Canadian citizen facing a Canadian charge that in the vast majority of situations is plead out without a criminal record. It is very unlikely it even goes to court.

Travel restrictions are always a possibility, but waivers have been easily obtained by a countless list of athletes, musicians, actors, celebrities for far worse drug offenses.
 

tomd

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Stimpythecat said:
Entry ban information into the US is entered into the computer system immediately. That would happen on June 17.


Edit: and is separate from the visa process.



http://www.theglobeandmail.com/repo...ied-entry-to-the-us-dont-panic/article626795/
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Did you read the whole article? From the article:

"For example, if you explain that you were convicted of one crime involving dishonesty in your past that was punishable for one year or less in prison, and you were not sentenced to prison, or less than six months in prison, or asked to pay a fine, a legal exception may be applied by the officer at the U.S. port of entry. "

Even if convicted, Richards faces a fine of $1,000 and/or six month in jail. That is the WORST penalty which is exactly what the article above says can be a legal exception. For a star hockey player making $6 million, there is NO WAY he isn't getting an exception.
 

Stimpythecat

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tomd said:
And yet no one has implied that there is more to the story since charges were filed. No, I think this is as good as it gets.
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Since you seem to be fond of using the phrase, look back through the thread. Yes there was a writer that stated there was more about this than was disclosed.


And Richards was not charged.
 

tomd

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Stimpythecat said:
Since you seem to be fond of using the phrase, look back through the thread. Yes there was a writer that stated there was more about this than was disclosed.


And Richards was not charged.
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Since he was charged on August 25th or before that? Much easier if you can give me the post # since you seem familiar with it.
 

Stimpythecat

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Entry bans are immediate. And you quoted crimes of dishonesty which is something separate from controlled substances.
 

tomd

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Stimpythecat said:
Entry bans are immediate. And you quoted crimes of dishonesty which is something separate from controlled substances.
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just quickly scanning thru this thread, posts 536, 542, 555, and 624 offer differing opinions with some level of support.

Bottom line, I don't know and you don't know if he is banned right now or was banned as of June 28th. Seems unlikely though given that the charge is a misdemeanor, he hasn't been convicted, and he makes a lucrative living in the USA. Immigration officials aren't that inflexible. For proof, look at our southern border.
 

Stimpythecat

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And I posted from government websites, nolo, and other immigration attorneys in this thread say it's likely he got banned.


The bottom line is, it's not as certain as people think.
 

Stimpythecat

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KingBogo said:
Except all Richards has been charged with is possession of a controlled substance. All reports are it was a very small amount of Oxicodone in a pill bottle with other medications. A pain reliever that is commonly prescribed with no indication it was intended for anything other than personal use. He is a Canadian citizen facing a Canadian charge that in the vast majority of situations is plead out without a criminal record. It is very unlikely it even goes to court.

Travel restrictions are always a possibility, but waivers have been easily obtained by a countless list of athletes, musicians, actors, celebrities for far worse drug offenses.
Click to expand...


Canada and the US share criminal databases. One of the links I posted specifically addresses this point. I posted a different link on the kings board that also references a shared database.

Edit: And the amount in question is enough according to multiple links I found.
 

Domm

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KingBogo said:
Except all Richards has been charged with is possession of a controlled substance. All reports are it was a very small amount of Oxicodone in a pill bottle with other medications. A pain reliever that is commonly prescribed with no indication it was intended for anything other than personal use. He is a Canadian citizen facing a Canadian charge that in the vast majority of situations is plead out without a criminal record. It is very unlikely it even goes to court.

Travel restrictions are always a possibility, but waivers have been easily obtained by a countless list of athletes, musicians, actors, celebrities for far worse drug offenses.
Click to expand...

You summed it up perfectly!! All this bickering about laws etc, there is a huge grey area here because he is a celebrity/athlete. $$ talks and status walks
 

tomd

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Stimpythecat said:
And I posted from government websites, nolo, and other immigration attorneys in this thread say it's likely he got banned.


The bottom line is, it's not as certain as people think.
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It was discussed at length earlier in this thread that he may be subject to a visa waiver requirement which could take several months but would almost certainly be granted. So if he can't play while waiting for the visa waiver then it is certainly within the rights of the Kings to suspend him until such time as he can enter the USA. They would have a very difficult time, however, claiming that they terminated his FIVE YEAR contract over a temporary visa issue. They will lose that one pretty easily IMO.
 

Stimpythecat

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tomd said:
It was discussed at length earlier in this thread that he may be subject to a visa waiver requirement which could take several months but would almost certainly be granted. So if he can't play while waiting for the visa waiver then it is certainly within the rights of the Kings to suspend him until such time as he can enter the USA. They would have a very difficult time, however, claiming that they terminated his FIVE YEAR contract over a temporary visa issue. They will lose that one pretty easily IMO.
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http://www.nolo.com/legal-encyclope...ssibility-available-green-card-applicant.html

"Waivers are not allowed for murder, torture, aggravated felonies or for violations of any other law regarding controlled substance."


I am reading the statute to see if it applies to border admission, or just visas, etc.
 
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GoldenBearHockey

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tomd said:
There are a mountain of posts (with support) that clearly contradict your statements...especially for a first time misdemeanor. Look back thru this thread.

But let's suppose for a moment that you are right...the Kings could only claim material breach of contract once it was a FACT that Richards couldn't get a visa into the USA. There was no such evidence to support that notion on June 28th (and there still isn't today given that the legal process is still ongoing).

Their best bet would have been to wait for his visa issues to become a reality and THEN terminate the contract. You know, innocent until proven guilty.
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So then you were against the suspension of Voynov?
 

tomd

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Stimpythecat said:
Edit: I may have posted wrong link. I'll edit when I find it.

"Waivers are not allowed for murder, torture, aggravated felonies or for violations of any other law regarding controlled substance."
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Correct me if I'm wrong that it appears that the entire discussion relates to getting a green card for permanent citizenship. Richards only needs a work permit visa.
 

Stimpythecat

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tomd said:
Correct me if I'm wrong that it appears that the entire discussion relates to getting a green card for permanent citizenship. Richards only needs a work permit visa.
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The statute in question also covers border entry. It's a long statute so I am reading it.
 

Stimpythecat

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waivers are discussed in subsection (h)

Edit: I have to read the entire statute to see to whom the subsection applies or if any other subsection makes an exception.
 
Eric Sachs

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Sagebuster said:
So here is my interpretation of what you're saying. Mike Richards is obligated, after his being arrested, to show up at the office of a league substance abuse program doctor, but he doesn't have to say why he is there. Also, since no explicit time period is specified, Mike Richards could wait as long as he wanted. Then, you believe, Mike Richards evaluation by the substance abuse doctor will be kept a secret from the Kings. Is that correct?
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Holy hell the amount of assumptions you make here.

It doesn't take too much effort to figure out what I'm saying. There is no explicit requirement for Richards to ever notify the Kings. All he has to do is submit to an evaluation by the doctors. It doesn't say that must be within 9 days or else. In all likelihood, waiting more than 9 days would still be reasonable.. and we don't know if he had already submitted himself or began that process before the Kings found out.

There's no 'office of a league substance abuse program doctor'.. it doesn't even say it's an in-person evaluation. Hell, it doesn't even say Richards himself has to ever even talk to said doctor.. it might just be as simple as sending records of the arrest over as they are made available. We don't know.. hence why it's foolish to try and use that as a basis for contract termination.

Where the **** did I say it would be kept secret from the Kings? If you can't see the difference between being required to tell the Kings and not being required to tell the Kings.. I don't know what to say. That's literally all I'm talking about here. Whether or not the Kings would ultimately find out is absolutely irrelevant.

tomd said:
Been thinking about your comment on the morality clause...how would they use it for contract termination? It would seem to me that a drug violation is covered by the drug protocol and as such would be the governing rules for anything related to drugs. Otherwise, the drug protocol is worthless. Thoughts?
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I'm not saying it would be worthwhile to use that.. they just have a better shot in using that than in using the 'he didn't notify us' ******** given there's at least a chance he would have breached the morality clause.

IMO, the only real way the Kings have a shot here is if Richards is barred from entering the U.S. That very well may happen and would represent a material breach.. but that's probably still a little bit away.
 
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