GREEN BAY (NBC26) — Brown County District Attorney's office said Wednesday it does not have enough evidence to formally charge Green Bay Packers running back Josh Jacobs, after police responded to a domestic incident Saturday.
Jacobs was subsequently released from the Brown County Jail, just a day after he was booked on five counts of domestic abuse.
Local defense attorney Nicole Morely said the quick release is unusual.
"That's not common, and I think one of the reasons we are seeing that here is because of his status," Morely said.
Morely noted that Wisconsin is one of the only states with a law requiring officers to make an arrest if they believe domestic violence has occurred — regardless of whether formal charges follow.
Defense attorney Mark Howe explained that while the law is intended to help victims avoid continued abuse inside the home, innocent people are put behind bars because of it:
"People are going to jail all the time on domestic abuse charges that end up not being charged or, if they do get charged, they have to be dismissed or reduced because the person will end up being found not guilty," Howe noted.
Morely said the standard of evidence required to make an arrest is lower than what prosecutors need to formally charge someone. After police make an arrest, it falls on prosecutors to review the evidence and determine whether there is enough to build a case.
"The police are not the ones that get to decide what the charges are or what anyone's going to end up being charged with," Morely stated.
Watch the full story by Jessica Goska here:
An investigation conducted by the district attorney's office will determine which of the 5 referred charges — if any — Jacobs ultimately faces.
"We need to take the steps. We need to walk from that innocence to that guilt. We cannot jump to conclusions," Morely mentioned.
Even if Jacobs is found innocent, though, Howe said the arrest carries social consequences.
"Your reputation's hurt," Howe said.
Both attorneys said there is no timeline for the district attorney's office to complete its investigation. The statute of limitations for the alleged crimes is six years.
