Charged with a misdemeanor.
04-23-2014, 05:25 PM
#21
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,232
Originally Posted by xzpilot
Question about misdemeanors.. on an application it asks if you've ever been convicted of a "Criminal Misdemeanor". I have a reckless driving on my record. Is this considered "criminal" in nature or is the application asking for all misdemeanors in general?
Speeding and parking tickets are revenue generation mechanisms, basically a tax for being in a hurry...they don't actually want people to obey those laws, that would bankrupt many cities. Reckless on the other hand is something that they really don't want you to do.
If possible call and ask them exactly what they mean.
04-25-2014, 08:02 AM
#23
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Joined APC: Feb 2014
Posts: 7
Originally Posted by Cubdriver
Some things I would go for in this situation are, in order of usefulness-
1. Get it dismissed. Not as unlikely as you may think. You'll need to be repentant and hire a smart lawyer, preferably a lawyer who specializes in pilot problems. Call AOPA or ALPA for names.
2. Get an expungable misdemeanor in trade for the real one. If dismissal does not work out, you should be able to get it changed to something that can be removed from your record in a few years. Your lawyer will call the local DA and say hey, this guy gets totally ruined by this class B/2 thing as a pilot, how about a deal? Most DAs are real people believe it or not and will cut a deal if you are repentant and they like your lawyer enough. Then all you have to explain at the airline board is how you got a class 3-C misdemeanor for repeatedly parking on city sidewalks, or whatever it gets turned into. The diversion deal could be anything but make sure it is expungeable.
3. If the diversion charge is expungeable sit out a few years doing something besides flying. After the wait period you'll have to hire another lawyer to get your record cleaned up but in theory at least you are clean. I am not sure if the FBI database tracks class 3/c misdemeanors or not, probably does- so be ready to tell how you got a class 3/c for failure to properly secure cattle.
Good luck.
1. Get it dismissed. Not as unlikely as you may think. You'll need to be repentant and hire a smart lawyer, preferably a lawyer who specializes in pilot problems. Call AOPA or ALPA for names.
2. Get an expungable misdemeanor in trade for the real one. If dismissal does not work out, you should be able to get it changed to something that can be removed from your record in a few years. Your lawyer will call the local DA and say hey, this guy gets totally ruined by this class B/2 thing as a pilot, how about a deal? Most DAs are real people believe it or not and will cut a deal if you are repentant and they like your lawyer enough. Then all you have to explain at the airline board is how you got a class 3-C misdemeanor for repeatedly parking on city sidewalks, or whatever it gets turned into. The diversion deal could be anything but make sure it is expungeable.
3. If the diversion charge is expungeable sit out a few years doing something besides flying. After the wait period you'll have to hire another lawyer to get your record cleaned up but in theory at least you are clean. I am not sure if the FBI database tracks class 3/c misdemeanors or not, probably does- so be ready to tell how you got a class 3/c for failure to properly secure cattle.
Good luck.
What about the arrest record. Even if he gets this reduced or expunged, it seems to me he is going to have always explain the initial arrest. A dismissal seems to be the only answer for him.
Do the airlines have access to the arrest records?
Does the arrest record get expunged as well?
Sure does pay to have a clean record......
04-25-2014, 08:04 AM
#24
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Thread Starter
Joined APC: Feb 2014
Posts: 7
Originally Posted by bcpilot
I spoke with someone who is very familiar with these type of sting ops in south FL & may provide some guidance for your friend on how to get beat this. There are no guarantees though...
If your friend still needs help, ask him to pm me his email or ph # when you get enough posts.
If your friend still needs help, ask him to pm me his email or ph # when you get enough posts.
Thanks
04-30-2014, 10:23 AM
#26
On Reserve
Joined APC: Apr 2014
Posts: 21
If he and his attorney can sit down and talk with the prosecutor and explain the situation then maybe they can work something out. He has to tell him he will do anything to keep this off his record. Most prosecutors will work with someone who has no record and especially no attitude. Good luck!
05-02-2014, 10:47 PM
#27
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Joined APC: Oct 2010
Position: CFI
Posts: 32
My first thought was the FAA requirement for ATP applicants...
"Must be of upstanding moral character".
Even if the airline doesn't learn of the specifics I wonder if the FAA does a background check when they issue an ATP?
"Must be of upstanding moral character".
Even if the airline doesn't learn of the specifics I wonder if the FAA does a background check when they issue an ATP?
05-03-2014, 05:13 AM
#28
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,232
Originally Posted by stratmatt
My first thought was the FAA requirement for ATP applicants...
"Must be of upstanding moral character".
Even if the airline doesn't learn of the specifics I wonder if the FAA does a background check when they issue an ATP?
"Must be of upstanding moral character".
Even if the airline doesn't learn of the specifics I wonder if the FAA does a background check when they issue an ATP?
05-09-2014, 12:00 PM
#29
Gets Weekends Off
Joined APC: Apr 2008
Posts: 144
Originally Posted by xzpilot
Question about misdemeanors.. on an application it asks if you've ever been convicted of a "Criminal Misdemeanor". I have a reckless driving on my record. Is this considered "criminal" in nature or is the application asking for all misdemeanors in general?
In many states reckless driving is consider a misdemeanor not just traffic so I would disclose it.. example in Virginia is speeding ticket shows as an infraction on the court docket reckless shows as a misdemeanor. Many states take you jail on a reckless. Either way its going to most likely show on your NDR check
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