Recent felony conviction

Well TMC starts off at 23%, but I understand if you meet goals they bump you up pretty quick... up to about 32% I think. But you're not doing too bad to start. But 23 isn't a paycheck by itself of course.. 23% of WHAT is more important.

Small O/O is fine for an answer. That's sort of what we figured someone would have to find. Glad you stuck with it and came out ok.

 

Uh, your lawyer must have sucked because there is a U.S. Supreme Court case that says "proximity alone is never enough!" However, former drug convictions, previous crimes of dishonesty and false statement can be used in addition to proximity. There is more in your background than just this or you would not have a felony conviction.

 

Constructive possession is plenty for conviction.

google: constructive possession upheld supreme

it will blow your mind how many states and how many times. It is commonplace.

 

Like I said, "proximity alone is never enough, there must be more" are the exact words of a U.S. Supreme Court Case. States have no choice but to follow this caselaw. There must be more than simply being in the area of drugs found. Just google "proximity alone is never enough" and you will find tons of cases on it.

 

Probably depends on definition of proximity. You can't take any conversational English words for granted when it comes to law. Anyway, constructive possession is proximity, but you have to be able to reach it within reason. Proximity on the other side of a room probably isn't enough... but most would plead to it under enough pressure, and DA's will provide enough pressure!

 

Originally Posted by kirk
If you are riding in a vehicle with 4 other people and someone has a small amount of something in their pocket and the red lights come on behind you they just might decide to hide that substance under the seat and then when the law finds it that person might say duh its not mine i dont know who it belongs to. Therefore it could belong to anyone in the car how does the law know? So if no one claims it every one is charged. That is what happened.


i know in arkansas if noone claimed it all would be charged but when it went to court the owner of the car would get the charge and it would not be attempt to posess it would be possesion.if the story you told is true your lawyer sucked bad.if you ever have to look for another job do not lie to them.if they run your liscense which they will do it will probably show then they will have that and a lie.just do not act like you got screwed blah blah.be honest say hey i screwed up.get you alot further.i promise.been there done that.the truth is you did screw up.we all do.accept it do not blame others.you put yaself in that position.it isn't a life ending mistake.the more time that passes the better it will look.some companies will not take you.some will.some will with a rehab certifacate.main thing keep your head up and do not let the jackarses get you down on yourself.

 

At this point, what they are paying isn't really important. Use this job as a stepping stone if needed. Stay for at least a year and get yourself established and put some more distance between you and your criminal record.

 

Kirk,
You're 37 years old and you were in car where there was apparently more than 'a small amount' (small amounts are usually misdemeanors, right?)-

My question is: if you've never done drugs, what are you doing with people who do?
Birds of a feather, flock together.

My second question is: if you were convicted of a felony, why aren't you in jail?

The only advice I can offer: try to get the conviction overturned....if you're really innocent. If not, better try to find work elsewhere, because trucking is out.