[CondorFlight]

One other problem with the rumored "deal" is that Finnerty still has another case over his head, in DC. The requirements for that are that he not get into trouble anywhere else, and not even get arrested.

The Washington court--which made a special effort to call him back for a warning (I wonder how many times in a year it does that. . .)--may feel a need to satisfy "the community" by sentencing him to up to 6 months (the max) for violation of his agreement.

So, at least on his part, he cannot afford to be 'convicted' of anything, nor get any community service nor anything else in Durham. He has to get off scott free (i.e., no community service for the crime of eating in a Mexican restaurant) or else he may still have to face a harsh penalty.

[JLS]

One other problem with the rumored "deal" is that Finnerty still has another case over his head, in DC. The requirements for that are that he not get into trouble anywhere else, and not even get arrested.

The Washington court--which made a special effort to call him back for a warning (I wonder how many times in a year it does that. . .)--may feel a need to satisfy "the community" by sentencing him to up to 6 months (the max) for violation of his agreement.

Finnerty was in a diversion program. He was not called back to be warned. He was called back and the program for him was terminated. He was not on probation. He now has a trial date. It would take DC convicting him to sentence him to anything. I suspect that he will win his case as a recent Duke lacrosse team member did when Nifong terminated his diversion agreement and end up with a cleaner record because of this.

Now you are right that Finnerty would have to take his DC situation into consideration before agreeing to such a global solution to the Durham case. I suspect that his DC case will not be a huge concern of his. Still like you, I don't see that solution as very viable.