Charged with a felony

Discussion in 'Questions From New Drivers' started by chief11, Jun 16, 2014.

  1. Wooly Rhino

    Wooly Rhino Road Train Member

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    Well now if you are going to be a felon you have to learn to speak the language. We felons are particular on who we let into our club.

    It appears you have what is called an SIS. The is a Suspended imposition of Sentence, If at anytime during your probation the judge determines you have broken your probation then you will be convicted of a crime.

    What this means is when you are asked by your employer have you been convicted of a felony, your correct answer is NO.

    You do not have a record but you are nothing but a low down drug using sob and we all know it. But I don't want to be the first to throw a stone, so Welcome to Trucking and don't mess up. It will make your mama cry. And we all love our mamas here.
     
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  3. Todd Siegal

    Todd Siegal Bobtail Member

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    Ok....there you have it. Wooly appears to know what he's talking about!

    Judge was going easy on you. Hope you NEVER, EVER get involved with that ~$@%! again....!

    Also, stay the Flock away from ANYONE who uses drugs....STAY far AWAY Man. This is serious business...

     
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  4. popcorn169

    popcorn169 Road Train Member

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    Wouldn't the op have to state the probation part and if not wouldn't it show up on a background check being so recent.
     
  5. Wooly Rhino

    Wooly Rhino Road Train Member

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    No. You do not have to disclose Probation as long as you are allowed to leave the state while on probation.
     
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  6. Moosetek13

    Moosetek13 Road Train Member

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    It might also be known as a 'deferred judgment'.
    The conviction is withheld pending successful completion of probation and/or other conditions.
    If the conditions are met the matter is dropped with no conviction. If not, then a conviction is entered into the record.

    It is an option the judge might have, sometimes used with first time offenders.


    Cheif11, assuming that you meet the requirements, you should not have a problem.
    I speak with first hand experience, by the way.
     
  7. chief11

    chief11 Bobtail Member

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    That is what is it called 'deferred judgment'

    I am just worried that I will do all the studying and then get disqualified because I have been arrested for controlled substance charge in the past year. I thought I read in the book that, that is an automatic disqualification.
     
  8. Wooly Rhino

    Wooly Rhino Road Train Member

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    Each state has different language for the same thing. SIS or SES in Missouri. The bottom line is you are guilty but the Judge is going to pretend it didn't happen so long as you are a good boy. However, if you screw up and it could be something as little as a speeding ticket, he can send you to prison without another trial. Don't believe for a minute you can get another break while you are on probation.
     
  9. chief11

    chief11 Bobtail Member

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    I am taking my light sentencing very seriously. I was young and dumb. I am very active in N.A. and A.A. I have been clean for 9 months and 19 days, that may not seem like a long time but it is for me. But back to subject at hand, I need a straight answer. Do you think that I will be disqualified?
     
  10. shredfit1

    shredfit1 Road Train Member

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    It's like this: Even if your current employer will overlook this "non-conviction" drug probation. The companies insurance carrier will NOT... AND if it is oil field work, it's likely you will also need to be bonded typically up to $5 million. Bonding companies won't touch you. Sorry, it's just the way it is, and I'm not trying to be down on you.

    Is it possible to move up in your company without being a CDL driver? This is where I would start... and perhaps it may change with more time passing... but right now I would think it would be a huge waste of time.
     
  11. Wooly Rhino

    Wooly Rhino Road Train Member

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    This is a great example of a wrong answer. The person answer it is trying to be helpful but when it comes to felonies he is just wrong.

    What is happening to you is you are in the Twilight Zone. You know you are a criminal. The court knows you are a criminal. But no one else has that information. It is not public record. The insurance companies have no idea of your drug problem. It is no ones business. The court has given you a second chance. Complete your probation and it never happened. Right now, it never happened. Screw up and it happened. Then you have problems. Right now it is not a problem. Do not discuss it with anyone except your lawyer. People who are informed about it will react negatively. Do not disclose it. If you are asked have you been convicted of a crime the only correct and legal answer you can give is NO.

    For whatever reason, the court believes in you. It doesn't matter what the rest of us think. Go and sin no more.
     
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