MOBILE, Ala. (WALA) - You might say the case of Nick Fairley is going into overtime.
Wednesday, attorneys for the the former Auburn football star asked a Mobile County Circuit Court judge to enforce a plea agreement that would pave the way for Fairley to enter a pre-trial diversion program.
That program would ultimately lead to dismissing Fairley's DUI charge from an arrest in Mobile last May.
Fairley was not in court Wednesday, March 6. According to attorneys, he wasn't required to be.
Judge Sarah Stewart listened to arguments from both sides.
Prosecutors said Fairley did not meet the criteria to enter such a program, since Fairley had been arrested a month earlier on a marijuana possession charge.
That charge has since been dismissed.
Assistant District Attorney Spiro Cheriogottis testified he wasn't authorized to make an agreement.
But, Defense Attorney Buzz Jordan argued that Cheriogottis agreed to allow the plea agreement, and a deal is a deal.
Jordan said, "I feel like we established that this was, in fact, an agreement, and that based on what Mr. Harrell did, the stipulation of the appeal kind of enforced that there was, in fact, an agreement before he left the courtroom."
Mr. Harrell is Defense Attorney Sid Harrell.
Prosecutors didn't talk to the news media Wednesday afternoon.
MORE TIME TO REVIEW
After listening to arguments for about 40 minutes, Judge Stewart said she wanted to study the issue further.
Jordan said he had no problem with that.
He said, "This judge is very good about researching the law, and she reads the law and, so, I think she's going to read some law and apply the law to the facts, and then issue a ruling from there."
The defense hopes to have a decision before a status hearing, which would be set for March 21.
LATEST ON FAIRLEY
Jordan gave an update on Fairley and his legal situation.
Fairley plays lineman for the Detroit Lions.
Jordan said, "I've been to court with him, and he's been complying with all the NFL requirements that they have him doing. He's been performing community service, and he's been doing what's been required of him and what's been asked of him to do, to the letter."
WANT TO READ MORE?
This is Fairley's biography and other information on him from the team website of the Detroit Lions.
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