misdemeanor battery

Discussion in 'Trucking Industry Regulations' started by frankz, Jan 31, 2009.

  1. panhandlepat

    panhandlepat Road Train Member

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    hence my post.....
     
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  3. dancnoone

    dancnoone "Village Idiot"

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    This is true. If it was given to a DA.

    But Frankz has also implied that no one has found this record yet. Either it was reported, or it wasn't. He won't know until the record is pulled. I don't know the law in that town, nor the politics. I just saying some localities operate on their own...pretty much.

    You do recall the small TX town that got nailed by the Feds several years back for stuff like this?

    Yes, some of the stuff I mentioned landed people in jail. Usually out within the hour. And in a court room...the JP uses the court room for his hearings. The Chief, uses his office LOL.

    I spent 6 wonderful hours in another county jail, until I come up with $175. For something (non violent and not drug related) that's considered a felony in most states. I have no record, regarding that incident.

    For the most part, yes. But come down here and start trouble, or get involved with drugs. You'll swear they brought down an entire army on you.

    In our last election, the guy that won Mayor. Was a convicted felon, statutory rape. EVERYBODY knew it. Needless to say, he didn't get to take office. Because he PO'd the wrong person off.

    The law only works...when politicians want it to work. IE The former Mayor Of D.C. and his little drug problem.

    Tax evading Senators and cabinet nominees. :biggrin_25525:
     
  4. abjz71

    abjz71 Light Load Member

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    hey frankz have you just been charged so far and have a court date or have you been convicted, found guilty and have an appeal scheduled already. and what part of kansas are you in just out of curiosity
     
  5. frankz

    frankz Bobtail Member

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    The Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of misdemeanor crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. Soldiers are not exempt from the Lautenberg Amendment.
     
  6. 4campbells1

    4campbells1 Bobtail Member

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    I have a mis. on my record from 1992 involving an ex-girlfriend of mine; we lived together for awhile and a "friend" said something that wasn't true and then later that night my ex started in on me and I went to bed and the next day she started in at me again and began slapping me; I held her wrists to keep from being hit and she called the cops; to make a long story short they arrested her because she scratched my cheek and she said when they were taking her away that I would pay for it. Then a few months later we got back together and then a few weeks after that she cheated on me so I told her to leave me alone and get out of my life she came over to my house and when I wouldn't go to the movies with her she started hitting me and again I held her wrists and she called the cops again, this time I went to jail because she had some of her friends in the car and they lied for her.

    Anyhow I fought it but the stupid DA said even if I didn't hit her that if I took it to a trail that he'd make sure I went to jail for 1 year min. because he got tired of me fighting the charges.

    To this day it is on my record but I just let anyone who asks know what happened and they let it slide.
     
  7. dancnoone

    dancnoone "Village Idiot"

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    .
    Just an FYI for you younger guys and gals. Just starting out in trucking....and life.

    Many states have now gone to the "no blame" system of charging and arrest, for Domestic violence issues.

    Choose your partner carefully if you live in one of these states.

    If you dial 911 for a domestic disturbance call. Both parties go to jail, and are allowed to sort it out in court.

    Of course, you have the charge on your record. And it could get worse, if you stay with someone who is hot headed...IE a second or third charge.

    And that shows a history....of YOU being violent. Whether you were or not.
     
  8. rock jockey

    rock jockey Bobtail Member

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    anything on your record will make a trucking life difficult. im a convicted "D" Felony for battery. i do dump work because most/all companies want felonies to be a min of 5 yrs old....most are 7-10 and a lot are...will not hire.
    i was looking at an "A" Felony (20-50) yrs. Basically, make sure the correct head is doing your thinking, moderate alcohol consumption, and take an anger management class. :biggrin_2552:sincerely, RJ
     
  9. StruckANerve

    StruckANerve Light Load Member

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    Currently, I have a misdemeanor domestic battery conviction. It was 10 of 2006. I was ordered to pay a $500 fine. Attend 52 weeks of domestic violence/anger management classes, and put on 3 years of summary probation. During my anger management class my wife called the anger management teacher and asked if there were any marriage counselors he could recommend because we were still fighting all the time. Well, by fighting she meant arguing. He took it as physical so I was arrested again. This time on a felony corporal injury. Had to pay $5000 dollars for bail (yes, it was set at $50,000) When I got out, I immediately went and got an attorney instead of a public defender (again). Payed another $5000 dollars. So, $10,000 in to my second arrest, the DA reduced the charges to a misdemeanor. After about 6 months of back and forth with the attorney and the DA (before an actual trial) they dismissed the case. And I got no additional punishment, etc. That's already being on probation from my FIRST domestic arrest. All that brings me to this. After trying every company I could find. I was able to find a job at 1 place. RWI out of Wilder, Ky. They ran my background, even sent me a copy. But I never heard a word about it, and was hired without an issue. But that job lasted 6 days. The o/o I was working for refused to fix an overheating issue the truck was having, and when I was broken down for 2 days, they wanted me to lie to RWI about where me and subsequently, their load actually was. So needless to say, I didnt stay working for the 0/0 because I refused to lie and take that type of responsibility. RWI claimed they would look for another owner operator I could run for, or I could get my own truck and work for them, but either one of those arent working out. That was the last time I was in a truck, and that was around august of '08. Now, everywhere I call I just get " Sorry, Better Qualified Applicants"
     
  10. Tran Man

    Tran Man Light Load Member

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    I saw some recruiters down at the county jail, until the economy bottomed out...try back in a few years
     
  11. justanothercrzytrkdrvr

    justanothercrzytrkdrvr Light Load Member

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    I had a similar experience in Georgia back in 1999. I to had a clean record up to that point. I hired a lawyer & we plead first offender. He worked it out so that my record was expunged once I completed the 40hrs of community service, paid the fine, one years probation, and completed anger management training.

    The problem which I later found out is that an arrest record is public record and will not be expunged, erased, or sealed. If a company runs a background check it will show up as whatever you were originally arrested for. I haven't had any problems finding a job.

    By the way my arrest was for a simple battery which is a class b misdemeanor. I actually had alot of other charges by the time I got to court but this is what it worked out to be. It's also what shows on my USIS background checks. Instead of breaking up a fight I was one of the participants! Anyway, I learned alot about the law and how things worked.

    The point is get a lawyer, let them handle the case for you and stay away from the court appointed attorneys. Secondly, it depends on how this is going to show up on your background check. You can order your own DAC and might be able to see what is showing on there now or you can simply ask to see the arrest record at your local courthouse (county records office or office of the clerk of court).

    Good luck!
     
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