Brandi's lawyer points out that she has "never been convicted of any prior felony."
In July 1996, the oldest Favre boy, Scott, was arrested and charged with driving under the influence after an accident that killed his and Brett's close friend Mark Haverty.
On their way home, Scott, who was driving, stopped on a railroad track. A 49-car freight train slammed into the car, killing Haverty and injuring Scott. Later, Scott's blood alcohol level was found to be 0.23, more than twice the legal limit.
Scott was convicted of vehicular manslaughter and sentenced to 15 years -- 14 or which were suspended -- and a year of house arrest.
"This was a mistake between two buddies. I mean, there's nothing good about drinking and driving, but who hasn't done it?" Brett told Playboy in 1997. "They were unlucky. It could just as easily have been Scott who was killed. If I had been home that night it could have been me."
Then, in May 1997, Scott was on his way to help his dad fix his fishing boat when police arrested him for driving with a suspended license. It was enough that a judge revoked his parole, sentencing him to 13 years in prison.
Brett, who had just won his first Super Bowl ring for the Green Bay Packers, was racked with guilt. "Here I am in my fairy-tale world playing football while Scott sits in prison, and I have done more bad things than he's ever dreamed of," he told Playboy. "I would give up my ring in a heartbeat to trade places with my brother."
In the end, Scott only served 67 days, after it was determined in a hearing that he had been wrongfully jailed.
Perhaps some of those "bad things" Brett referred to have caught up with him. From October of 2010 until late December of last year, Favre was under investigation by the NFL after the website Deadspin posted voicemails allegedly from Favre to Jenn Sterger, a former game day reporter for the New York Jets. He was also accused of sending Sterger lewd pictures of himself.
The voicemails and pictures were allegedly sent to Sterger in 2008 when Favre was quarterback for the Jets.
In the voicemails, Favre is heard inviting Sterger to his hotel. Favre has admitted to leaving the voicemails but not to sending inappropriate pictures of himself.
The NFL concluded its investigation on Dec. 29, 2010 by fining Favre $50,000. The fine drew the ire of some critics who said the punishment wasn't harsh enough. Favre, who had left the Jets by then to play for the Minnesota Vikings, reportedly makes $50,000 in just five minutes of game time. His base salary is $11.6 million.
The league said that Commissioner Roger Goodell "could not conclude" that Favre violated the NFL's personal conduct policy given the evidence available to him.
Then, in January, massage therapists Christine Scavo and Shannon O'Toole filed suit against Favre and the Jets for sexual harassment. In the suit, Scavo claims that Favre treated her like a "hanging slab of meat" and suggested she and another therapist "get together" with him for a three-way.
In 1996, when Favre admitted he was addicted to Vicodin, he 46 days at the Menninger Clinic in Topeka, Kansas, and the NFL put him on probation for drugs and alcohol.
Favre went on to win the Super Bowl and his second title as league MVP.