Charged with a felony

You are a truck driver, not a lawyer, or you would know what a Stay of Adjudication is.

 

What do need the twic card for in the oil field?

 

1. He's already working in the oilfield. 2. He wasn't convicted. 3. He wants to obtain his CDL to move up in the company.

 

The above term is what we call and SIS or SES in Missouri. State law varies state to state so this information is only valid for Missouri but each state has something similar. I am only posting this for purposes of education to the general trucking community.

Lets say you commit a crime. What the crime is does not matter but it is a felony. You are in serious trouble. But being as you are reasonably smart, you have kept your mouth shut. And by keeping you mouth shut I mean do not make any statement other then I am asserting my fifth amendment rights. If you have a lawyer request him. They will have your id so you do not even have to give them your name. Make no statement. If you talk at all then you are waiving your rights. Invoke and shut up.

Next you are booked. This will be fingerprinting time as well as a beautiful picture. They have heard every possible joke so there is no need to speak here either. Remember shut up.

You are now moved to a cell. On your way there it is okay to request a phone call, something to eat, and medical attention. But nothing else.

If you can afford a lawyer have the lawyer arrange bail. If the crime has a bail that comes with the charge then you can be out within a couple of hours. If not, you see the judge. If you can't afford an attorney, you may or may not get one. They will give you a form to fill out where you list anything you own. If you own anything, you might not be given a lawyer. However, they will let you out of jail to go raise the money for a lawyer.

A lawyer can sometimes arrange a plea deal. Only except a plea deal if you actually did the crime. You lose your rights to appeal if you plea guilty. Now in some cases you can still appeal after pleading guilty but it is so hard just except that if you plea guilty you are going away.

That is unless the guilty plea is based upon a SIS or SES. With a SIS you are found neither guilty or innocent. The gavel is still in the air. You are given a list of things to do and if you do them all the case goes away.
Nothing is on your record. No one has any access to the record as it does not exist. The list of things you have to do is your Terms of Probation.

An example would be, you got caught with pills for which you had no legal right. You get your lawyer and make a deal for an SIS. You plea guilty and are given a sentence of 8 years in prison but with a 10 year probation and a SIS. If you do what you are told for the next 10 years you are free to go about your business as if the whole thing never happened. If you plea guilty and are given 8 years in prison but 10 years probation and a SES. Then you are guilty and there is a record but you do not go to prison. You have to do the 10 years of probation and then you are free to go but you have a criminal record.

Now lets say that you do the drug crime and get the SIS and 9 years later you jaywalk and get a ticket. You appear before the judge and he can continue your probation, he can revoke your probation or he can extend your probation. He can also change you from SIS to SES. So he could make you do another 10 years on probation. So 9 years later or 18 years from your guilty plea you are coming out of church when someone says something rude about your mother. You take offense and punch the guy. Now the judge doesn't have to do anything about the assault charge he can send you to prison for 8 years based on your guilty plea. And there is nothing you can do.

The final term you need to understand is the difference between Probation and Parole. As you can see the time on Probation does not count against your time in Prison. The above example is someone who did 18 years on paper for a crime where the sentence was 8 years.

Once a person is sent to prison, (unless the prison time is shocktime) the clock on the sentence starts. In most states there is a formula for figuring up when a person is illegible for parole. In Missouri for no violent crimes it is 15% of your sentence for you first trip to prison. So on a 8 year drug conviction, that person will be in prison for 16 months or so. When they come out they are on Parole. Not probation. Their first day in prison was Jan 1, 2010 they are off parole on Jan 1, 2018. Nothing can change that. If they get out and 4 years later the guy cannot find a job because he got fired and now has a lousy DAC report, they will send him back to prison to complete his term. His second time in prison it is 40% and his third is 55%. It is 80% for most violent crimes.

I know this is way too much information and some will find it boring but like I said, it is just something to put out there. Folks who have messed up have lots of things they have to overcome. A little mistake can ruin your life.

Now for the Good news. I have been called for Jury Duty. I am a felon who has had all my rights restored so I am allowed to serve. If by some chance you find yourself in trouble and see me sitting on your jury, guess what. NOT GUILTY.

 

So, when they ask you to sign the waiver of the back round check for insurance and bonding for oilfield work what happens? Will it show up? Will they see the arrest? I suspect they will find out. I also suspect you are correct that after the probation is over, all will be forgiven and not seen anymore... My original point stands. FWIW, I had to sign the waiver for the bonding company and I only haul fuel... TWIC card and HazMat are, of course a MUST.

 

Driving typically means you have the possibility of leaving the oilfield for a much more secure facility, like a refinery. In which, a TWIC card is required for unescorted access.

 

The only time I have been to a port, I paid the "escort fee" (read: bribe) since I didn't bother with a TWIC card & walked around all over the place with no actual escort.

 

When you sign a waiver, law enforcement will see that you are on probation, however, it will not show up as a conviction. You will not be denied TWIC or HAZMAT. You are not ask if you have ever been arrested, you are ask if you have been convicted. The answer as of right now is NO.

As for the insurance company and bonding agencies, They should not be able to see the results of the plea. If they do see it, they are required to treat it as a not guilty. Most likely they will show you were arrested but that is not enough to refuse to bond you. If they do, you have a case against them.

Being arrested it not as big of a deal as one would think. Many people get arrested and the charges are drop. Some even are found not guilty. Anyone who is tried with me on the Jury will be found not guilty.

Was Michael Jackson a child molester? The jury found him Not Guilty. Therefore he would have been able to get a job as a child daycare provider. Anyone who says that he was a child molester would be slandering him. I personally believe him to have been innocent.

You are being given a second chance. Act like you deserve it. Always tell the truth when asked by law enforcement but do not volunteer anything. According to the court, for now, you are not guilty of a crime. Scerw up and that changes.

 

While I certainly understand what you are saying, and don't entirely disagree... I still feel it's not reality. If insurance and bonding see a potential risk, they will deny the bond. It's pretty simple really. As far as why a particular individual may be denied... It likely will not be disclosed, thus hard to make a case.

 

What drug were you caught with & how much of it ?