Charged with a misdemeanor.
04-14-2014, 11:07 AM
#1
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Joined APC: Feb 2014
Posts: 7
Charged with a misdemeanor.
I have a buddy who has been out of flying and on disability for the past 2 yrs trying to fight a very serious illness. His frustration, anger, and anxiety got the best of him and he made a mistake and got arrested and charged with a 2nd degree misdemeanor in Florida, which is neither drug or alcohol related. Up until this point he has had a spotless record and can't even remember the last time he had a ticket. He interviewed with a major back in 2010, got the job and went into the pool. During that time he got sick. If he is convicted of this charge or even if it is reduced, it is going to be very difficult or embarrassing to explain what happened. It's possible that he can get it dismissed but that will probably take some time. I feel for the guy and completely understand his difficulties, but I just don't know what to tell him. Once cured he is going to have to fight to get his medical back and then turn around and explain himself to his future employer about his background. Does anybody have any idea if the majors are hiring people with criminal records and if so, what? He wasn't stalking or anything like that but let's just say he was trying to relieve some stress and frustration and they had a problem with how he went about it. I personally don't have a problem with what he did but I'm a guy and feel that the he has been punished enough over the past two yrs and should be given some leniency. Thoughts?
04-14-2014, 03:25 PM
#4
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Joined APC: Jan 2006
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Can't really answer without knowing what it was. If it involves violence that would pretty much be a deal-breaker for most airlines and all majors.
But since it sounds like this is not his normal MO, he may be able to beat the rap or at the very least make some kind of diversion deal. Prosecutors would prefer not to fight a hard, risky, battle and if the guy wants to fight, and he's the squeaky-clean type, it could be an iffy proposition for them. Their careers depend on high conviction rates, so they prefer open-shut cases against people whom the jury won't sympathize with. They only take losing propositions when the crime was so high-profile that public and media outrage would be a factor.
Illness is probably not an excuse unless it directly caused or affected his actions (ie an undiagnosed diabetic who gets in a wreck because he passed out). The "my life sucks" excuse won't get you off the hook although it might mitigate the sentencing.
Try like hell to beat the wrap, then you only have to explain an arrest, not a conviction. Get a good law firm, and do the research to make sure it's damn good and well known. If you bring out the big guns that will tend to encourage the prosecutor to go after easier prey. The assigned prosecutor can't plus up his stuff to take a misdemeanor to trial, so if he's confronted with a heavy-hitter defense he knows he's looking at some long hours for himself...he'll do that for a notorious felony but for a chicken-poop misdemeanor?
But since it sounds like this is not his normal MO, he may be able to beat the rap or at the very least make some kind of diversion deal. Prosecutors would prefer not to fight a hard, risky, battle and if the guy wants to fight, and he's the squeaky-clean type, it could be an iffy proposition for them. Their careers depend on high conviction rates, so they prefer open-shut cases against people whom the jury won't sympathize with. They only take losing propositions when the crime was so high-profile that public and media outrage would be a factor.
Illness is probably not an excuse unless it directly caused or affected his actions (ie an undiagnosed diabetic who gets in a wreck because he passed out). The "my life sucks" excuse won't get you off the hook although it might mitigate the sentencing.
Try like hell to beat the wrap, then you only have to explain an arrest, not a conviction. Get a good law firm, and do the research to make sure it's damn good and well known. If you bring out the big guns that will tend to encourage the prosecutor to go after easier prey. The assigned prosecutor can't plus up his stuff to take a misdemeanor to trial, so if he's confronted with a heavy-hitter defense he knows he's looking at some long hours for himself...he'll do that for a notorious felony but for a chicken-poop misdemeanor?
04-14-2014, 03:58 PM
#5
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Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
Originally Posted by rickair7777
Can't really answer without knowing what it was. If it involves violence that would pretty much be a deal-breaker for most airlines and all majors.
But since it sounds like this is not his normal MO, he may be able to beat the rap or at the very least make some kind of diversion deal. Prosecutors would prefer not to fight a hard, risky, battle and if the guy wants to fight, and he's the squeaky-clean type, it could be an iffy proposition for them. Their careers depend on high conviction rates, so they prefer open-shut cases against people whom the jury won't sympathize with. They only take losing propositions when the crime was so high-profile that public and media outrage would be a factor.
Illness is probably not an excuse unless it directly caused or affected his actions (ie an undiagnosed diabetic who gets in a wreck because he passed out). The "my life sucks" excuse won't get you off the hook although it might mitigate the sentencing.
Try like hell to beat the wrap, then you only have to explain an arrest, not a conviction. Get a good law firm, and do the research to make sure it's damn good and well known. If you bring out the big guns that will tend to encourage the prosecutor to go after easier prey. The assigned prosecutor can't plus up his stuff to take a misdemeanor to trial, so if he's confronted with a heavy-hitter defense he knows he's looking at some long hours for himself...he'll do that for a notorious felony but for a chicken-poop misdemeanor?
But since it sounds like this is not his normal MO, he may be able to beat the rap or at the very least make some kind of diversion deal. Prosecutors would prefer not to fight a hard, risky, battle and if the guy wants to fight, and he's the squeaky-clean type, it could be an iffy proposition for them. Their careers depend on high conviction rates, so they prefer open-shut cases against people whom the jury won't sympathize with. They only take losing propositions when the crime was so high-profile that public and media outrage would be a factor.
Illness is probably not an excuse unless it directly caused or affected his actions (ie an undiagnosed diabetic who gets in a wreck because he passed out). The "my life sucks" excuse won't get you off the hook although it might mitigate the sentencing.
Try like hell to beat the wrap, then you only have to explain an arrest, not a conviction. Get a good law firm, and do the research to make sure it's damn good and well known. If you bring out the big guns that will tend to encourage the prosecutor to go after easier prey. The assigned prosecutor can't plus up his stuff to take a misdemeanor to trial, so if he's confronted with a heavy-hitter defense he knows he's looking at some long hours for himself...he'll do that for a notorious felony but for a chicken-poop misdemeanor?
Your friend needs to worry less about whether a prosecutor is going to go after him or not and just get a lawyer with experience in whatever type of misdemeanor law his is accused of breaking and handle it the best way he can and take what consequences accompany his actions.
04-14-2014, 05:40 PM
#6
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Position: ATP, CFI etc.
Posts: 6,056
If this guy had a great flying career that went south due to a temporary physical illness plus a few minutes of public indiscretion I can see the case for spending a small life fortune on a lawyer who is capable of saving his flying career. It's not just a culpability issue if he gets convicted of a misdemeanor, because for an airline pilot a small defect is magnified into a career killer by the time it gets to the hiring boards. Pay the lawyer, get the diversion deal and don't do it again. My guess is even with the diversion deal his career is on hold- but if it is one of these things that are eligible for expunging through court order he might be able to save it.
Last edited by Cubdriver; 04-14-2014 at 05:51 PM. Reason: spelling
04-14-2014, 07:19 PM
#7
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Joined APC: Jan 2006
Position: Engines Turn Or People Swim
Posts: 39,281
Originally Posted by USMCFLYR
rickair7777's advice as far as how the airlines might view your friend's problem might be solid, but his generalizations of how all prosecution is handled is not accurate in my second hand experience.
.
.
But if my generalization is correct in this case it might help the guy save his career. A high-end lawyer will know the lay of the land in the locale in question, and how things are actually done there.
04-14-2014, 07:45 PM
#8
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Joined APC: Mar 2008
Position: FAA 'Flight Check'
Posts: 13,837
Originally Posted by rickair7777
It was definitely a generalization, and I thought I used language to that effect. Most jurisdictions don't have unlimited resources to go to trial for every little thing, so they prioritize...and the prosecutor's career is going to be a consideration (he's an elected official, and usually wants to get re-elected).
But if my generalization is correct in this case it might help the guy save his career. A high-end lawyer will know the lay of the land in the locale in question, and how things are actually done there.
But if my generalization is correct in this case it might help the guy save his career. A high-end lawyer will know the lay of the land in the locale in question, and how things are actually done there.
04-15-2014, 01:32 AM
#9
Line Holder
Joined APC: May 2012
Posts: 27
Originally Posted by Xjet21
I have a buddy who has been out of flying and on disability for the past 2 yrs trying to fight a very serious illness. His frustration, anger, and anxiety got the best of him and he made a mistake and got arrested and charged with a 2nd degree misdemeanor in Florida, which is neither drug or alcohol related. Up until this point he has had a spotless record and can't even remember the last time he had a ticket. He interviewed with a major back in 2010, got the job and went into the pool. During that time he got sick. If he is convicted of this charge or even if it is reduced, it is going to be very difficult or embarrassing to explain what happened. It's possible that he can get it dismissed but that will probably take some time. I feel for the guy and completely understand his difficulties, but I just don't know what to tell him. Once cured he is going to have to fight to get his medical back and then turn around and explain himself to his future employer about his background. Does anybody have any idea if the majors are hiring people with criminal records and if so, what? He wasn't stalking or anything like that but let's just say he was trying to relieve some stress and frustration and they had a problem with how he went about it. I personally don't have a problem with what he did but I'm a guy and feel that the he has been punished enough over the past two yrs and should be given some leniency. Thoughts?
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