Airline Pilot Forums

Airline Pilot Forums was designed to be a community where working airline pilots can share ideas and information about the aviation field. In the forum you will find information about major and regional airline carriers, career training, interview and job seeker help, finance, and living the airline pilot lifestyle.




View Full Version : Need Advice


Lalo37
08-24-2007, 02:46 PM
Hey guys, I figured I would come here and explain what happened and hopefully get some responses on how this may or may not affect my career. Any advice would be greatly appreciated.

I am a captain at a regional and am about to apply to the airline I have always wanted to work for. I am just about to meet their minimums within the next two months. Last weekend I was out with my girfriend at an Indian casino enjoying some drinks. her and I get to discussing whether we should leave or not and for some crazy reason, a security guard thought we were arguing. We were at a bar and he comes up to us and asks if their is a problem. I say no and that whatever we are talking about is our business and not his. He says it is and I told him to leave us alone.


He then proceeds to ask us to leave and I ask him why. He tells me that I/we are interfering with business. I say okay, close out and we start taking the escalator down to the bottom floor. Him and two other guards are following us. Apparently he was telling us to turn left, which we did not hear because its loud and my girlfriend and I are talking amongst each other. Next thing I hear is him yelling telling me to stop. I do so and he says you are under arrest. I said for what and he says for trespassing!
At this point I am really confused as to why he arrested me for trespassing and not my girlfriend since she was with me the whole time.(I didnt want her to get arrested,so I didnt say anything, im just saying it is weird) He takes me into the back, calls the sherriff and he places a "citizens arrest" on me. The deputies had to take me into custody because if they didn't apparently they are liable. Next thing you know I am getting booked and am sitting in a holding cell. They released me 3 hours later and I am supposed to appear in court at the end of next month.

Since then I have hired a lawyer and he says not to worry about this, that he can get this off my record because I really did nothing wrong other than not make a left turn.
My question for anyone who knows is,
1. How will this affect me if I am fortunate enough to get an interview and even hired?
2. During a background check, if something "minor" like this pops up, will it affect me negatively? (I know this is based on opinions but I want to hear what you guys think
3. Do airlines run your background after you are hired or during the application process?

Guys I am terrified that this guy can possibly have an effect on something that I have been working for since I was 15.
Any advice would be greatly appreciated.
Sorry this is SOOOO long but I wanted to give as many facts as possible. Oh yeah, I have never had anything on my record except for 2 speeding tickets about 3 years ago.

Thanks guys


whiskerbizkit
08-24-2007, 02:55 PM
Well you did the right thing by getting a lawyer. Since he asked you to leave because he thought you were fighting with your girlfriend, your girlfriend would be tho only witness, so you have the only witness on your side.

SamFoxpilot
08-24-2007, 03:33 PM
First things first--work w/your lawyer to clear your name. Once that is done, things will be much easier. Some apps only ask for convictions, not arrests. Make sure whatever the app or interviewer asks, tell the truth. Have your side of the story ready.

Most companies are looking to higher a trustworthy person--not a perfect one. Tell your side of the story first. They may find out during a security check about this, and would rather hear it from you than from someone else.


McGuyver
08-24-2007, 04:23 PM
I have filled out quite a few applications, and went on many interviews. I have never seen any ask if you were arrested. Anyone can get arrested. Anyone can get tried. But ONLY if you are convicted, can that, and should that be a problem. In this country EVERYONE is Innocent until proven guilty (accept O.J.). And because of that, unless you are convicted, nothing should be held against you. Only at United when I interviewed did I get asked about speeding tickets, which I could mark down none in the past 5 years. I guess they didn't have anything negative on me so they asked if I had ever had any speeding tickets in the past. They just wanted to see if I would make excuses. I told them I had, and it was my fault. But speaking of United, I think they may ask on their web page application if there is anything pending. So if so, and United is what you are after, get it cleared up. After that I wouldn't sweat it.:cool:

You should ask your lawyer to sue the casino and the rent a cop for false arrest and unlawful detention. It may be next to imposable, but try to get the casino tapes of the "argument" to show the rent a cop was overzealous with his "power", and misjudged the situation.

Hope this helps.

Lalo37
08-24-2007, 04:41 PM
Thanks for the responses so far guys! I sincerely appreciate them. My lawyer said that is is next to impossible to sue the rent a cop because the incident happened on sovereign land. The only thing I am worried about is getting my name cleared because I have NEVER done or been in a situation like this. With that said I dont really care about suing the guy. I just care that this wont affect my career in a negative way. Any other responses are appreciated. Thanks again

Palmtree Pilot
08-24-2007, 05:34 PM
If when you were arrested, you were fingerprinted or your eyes were scanned(no joke), wether you were convicted or not... IT WILL SHOW UP ON YOUR FBI BACKGROUND CHECK. Always offer a self-disclosure statement at the interview with you application.

I'm proof positive.

PtP

McGuyver
08-24-2007, 05:38 PM
But that would only be if you were to be convicted. Even the FBI background check asks of only convictions. Being arrested is irrelevant. Getting stoped by the police is a form of arrest.

I am not a lawyer. But I did stay at a Holiday Inn Express last night.:D

Palmtree Pilot
08-24-2007, 05:53 PM
But that would only be if you were to be convicted. Even the FBI background check asks of only convictions. Being arrested is irrelevant. Getting stoped by the police is a form of arrest.

I am not a lawyer. But I did stay at a Holiday Inn Express last night.:D

Not true, sir.

Any arrest wether convicted or not WILL show up. I had many people including friends that were airline recruiters tell me the same, but that is wrong. I think this has come from the 9-11 post rules, that most of us don't know about or will ever find.

Not to say that they won't hire you; I got hired 3 times, but only with honesty!!

PtP

McGuyver
08-24-2007, 06:46 PM
Oh, I know you are right, the FBI or any government agency could find out if someone was arrested or not. I am just saying if it is not asked for why volunteer extra information that was not asked for. I don't know what the new FBI background check ask for now post 9-11. If they ask for any arrests, then obviously be truthful and give them all the facts. In the past, they only asked for convictions. Because why would you, and how could you hassle an adjudicated "innocent" man. But if the FBI in now even looking at any and all arrests, maybe they are looking for certain patterns.

Also, ask your lawyer to get your record expunged.

EDC757
08-24-2007, 10:49 PM
You'll be fine. You can only be asked if you were convicted of a crime. If they do check your record and find an 'arrest' without a conviction then it is assumed that you were innocent. You may have an opportunity to explain the situation if you really think they may be concerned but I would start the story at ... we were leaving a casino one night...
I hope your attorney suggest that you respond with a false arrest suit.

Shaggy1970
08-24-2007, 11:20 PM
[quote=McGuyver;220755] In this country EVERYONE is Innocent until proven guilty (accept O.J.). And because of that, unless you are convicted, nothing should be held against you.

This is the most naive thing I have seen in a long time! Thats how things are supposed to be but unfortunately the reality here is that being accused of something in this day and age is just as bad as being guilty.

Now, if I were you I would try a couple of different approches to sloving your issue.

1. Don't lie about it to anyone (as stated before)
2. Approach the casino manager if possibile. Explain your situation and the facts, take responsibility for the event and ask for forgiveness. Maybe the casino will drop the charges.
3. If two above fails, have the lawyer keep fighting it and if your found guilty then appeal it. Keep fighting because no establishment wants to spend money on legal fees persuing such a non-event.

Thats were I would start. Hope it helps.

Clue32
08-25-2007, 12:03 AM
If two above fails, have the lawyer keep fighting it and if your found guilty then appeal it. Keep fighting because no establishment wants to spend money on legal fees persuing such a non-event.

I'm not a lawyer but I was a security guard at JCPenny while going through ERAU. I have to agree that it is not in a companies best interest to persue a trespassing charge. Every one we apprehended for shoplifting was ordered not to reenter the store by the police and we maintained photo records. Even so, we never brought up trespassing charges agianst people who trespassed. (We just waited for them to steal again then apprehended them for larceny). Trespassing is such a petty crime that it doesn't make sense to expend company finances on legal fees and payroll for employees to attend court proceedings.

I too wouldn't sweat it, this seems like something that can get cleared up because it was just a misunderstanding. Keep your head high, it'll work out in the end.

McGuyver
08-25-2007, 03:43 AM
[quote=Shaggy1970;220933][quote=McGuyver;220755] In this country EVERYONE is Innocent until proven guilty (accept O.J.). And because of that, unless you are convicted, nothing should be held against you.

This is the most naive thing I have seen in a long time! Thats how things are supposed to be but unfortunately the reality here is that being accused of something in this day and age is just as bad as being guilty.


Shaggy I agree, some people think where there is smoke, there is fire, and that is human nature. Just like if you were arrested for raping your mother, but the charges were dropped. I may not want my mother hanging around you. But if I tried to fire you from a job I offered you because of just being arrested and not being found guilty, you would have one heck of a law suit against me.

Rosie
08-25-2007, 04:29 AM
I would not go to the casino to apologize or explain anything. Let your attorney handle it. If it comes up in an interview I think the interviewers would laugh at the pettiness. They may only question why you weren't more diplomatic to the security guy. By the way which casino were you at? I'll be sure to avoid it....particularly with jerks in security like that. Charged with trespassing....YGTBSM.

MEMFO4Ever
08-25-2007, 04:53 AM
[quote=Shaggy1970;220933][quote=McGuyver;220755] In this country EVERYONE is Innocent until proven guilty (accept O.J.). And because of that, unless you are convicted, nothing should be held against you.

This is the most naive thing I have seen in a long time! Thats how things are supposed to be but unfortunately the reality here is that being accused of something in this day and age is just as bad as being guilty.


Shaggy I agree, some people think where there is smoke, there is fire, and that is human nature. Just like if you were arrested for raping your mother, but the charges were dropped. I may not want my mother hanging around you. But if I tried to fire you from a job I offered you because of just being arrested and not being found guilty, you would have one heck of a law suit against me.

Partially untrue. An employer can pass on you for any reason that does not fall into a protected category, as defined by the Equal Employment Opportunity laws. Things like age, sex, national origin, race, religion, etc. are some protected categories.

Quite honestly an employer can withhold or rescind an offer of employment because he doesn't like the color of your shoes, your bad breath, or in this instance, an arrest. This is particularly not actionable in an at-will state, which accounts for the majority of states, Montana being the most obvious dissenter.

Lalo37
08-25-2007, 11:52 AM
Thanks again for the responses guys! I am going to have to wait it out and see what happens. With that said If I am not convicted of a crime and they dont specifically ask me if I have ever been arrested, I will not bring it up on my own. If they do ask me I will be very open and honest about it! Not that I am trying to hide anything but like a previous poster said, I dont want to volunteer information that they may not like. I am innocent, my record will hopefully show that, this was a "citizens" arrest, and I hopefully will not be convicted of anything and I hope a future employer would be able to see how F'in ridiculous this charge is. Any other thoughts?
thanks so much for all the responses so far



Search Engine Optimization by vBSEO 3.6.1