Search
Notices
Aviation Law Legal issues, FARs, and questions

Legal issues

Thread Tools
 
Search this Thread
 
Old 10-24-2014, 07:48 PM
  #11  
Gets Weekends Off
 
Joined APC: Feb 2007
Position: Airplanes
Posts: 1,377
Default

Deferred adjudication is generally considered a conviction unless the record is expunged. It will vary depending upon the state in which the charges were filed.
Macjet is offline  
Old 10-24-2014, 07:56 PM
  #12  
Line Holder
 
Joined APC: Oct 2014
Position: Captain Extraordinaire
Posts: 60
Default

Originally Posted by Macjet View Post
Deferred adjudication is generally considered a conviction unless the record is expunged. It will vary depending upon the state in which the charges were filed.
If that is the case, what's the point of deferred adjudication? He said the charges would be "dismissed". Maybe that's not true since probation was actually served and may be a sentence "in lieu of."
Ben Kenobi is offline  
Old 10-24-2014, 08:02 PM
  #13  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,003
Default

Originally Posted by Ben Kenobi View Post
If that is the case, what's the point of deferred adjudication? He said the charges would be "dismissed". Maybe that's not true since probation was actually served and may be a sentence "in lieu of."
One may be guilty of an offense, but be given a suspended sentence to be applied on top of any judgement in a subsequent offense. I have seen such cases involving domestic violence, for example. Seek counseling, 30 days in jail, suspended, to be applied on top of any judgements if arrested again in the next X period of time, for example.

The person may not serve the time, but the fact is that person was arrested and arraigned for domestic violence, and subsequently handed a jail sentence (suspended, or not).

The point of deferred adjudication is a conditional *second chance.*

It's not a free ride.
JohnBurke is offline  
Old 10-24-2014, 08:06 PM
  #14  
Gets Weekends Off
 
Joined APC: Feb 2007
Position: Airplanes
Posts: 1,377
Default

Originally Posted by Ben Kenobi View Post
If that is the case, what's the point of deferred adjudication? He said the charges would be "dismissed". Maybe that's not true since probation was actually served and may be a sentence "in lieu of."
The TSA is crystal clear on this.

https://www.google.com/url?sa=t&sour...7hQkpUeBGrjFpA
Macjet is offline  
Old 10-24-2014, 08:07 PM
  #15  
Line Holder
 
Joined APC: Oct 2014
Position: Captain Extraordinaire
Posts: 60
Default

Originally Posted by JohnBurke View Post
One may be guilty of an offense, but be given a suspended sentence to be applied on top of any judgement in a subsequent offense. I have seen such cases involving domestic violence, for example. Seek counseling, 30 days in jail, suspended, to be applied on top of any judgements if arrested again in the next X period of time, for example.

The person may not serve the time, but the fact is that person was arrested and arraigned for domestic violence, and subsequently handed a jail sentence (suspended, or not).

The point of deferred adjudication is a conditional *second chance.*

It's not a free ride.
How about a Nolle Prosequi?
Ben Kenobi is offline  
Old 10-24-2014, 08:16 PM
  #16  
Line Holder
 
Joined APC: Oct 2014
Position: Captain Extraordinaire
Posts: 60
Default

Originally Posted by Macjet View Post
Thanks, that answers the question in the above post.
Ben Kenobi is offline  
Old 10-25-2014, 07:08 AM
  #17  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,003
Default

Originally Posted by Ben Kenobi View Post
How about a Nolle Prosequi?
Silent film actress in the roaring twenties with a passion for Walnuts and things that went boom in the night. Raised racing dachshunds, and perhaps best known for the first woman in her decade to correclty identify the man in the moon three times in a row. Died tragically in her eighty seventh year while tenuously holding the lead in a bubblegum blowing contest when she suffered a blow-out as an upper denture cut loose. She was cremated and her ashes scattered over the White House east lawn by a teenager in an ultralight while a barbershop quartet sang "Baby, You're the Tops."

Why do you ask?
JohnBurke is offline  
Old 10-25-2014, 07:29 AM
  #18  
Line Holder
 
Joined APC: Oct 2014
Position: Captain Extraordinaire
Posts: 60
Default

Originally Posted by JohnBurke View Post
Silent film actress in the roaring twenties with a passion for Walnuts and things that went boom in the night. Raised racing dachshunds, and perhaps best known for the first woman in her decade to correclty identify the man in the moon three times in a row. Died tragically in her eighty seventh year while tenuously holding the lead in a bubblegum blowing contest when she suffered a blow-out as an upper denture cut loose. She was cremated and her ashes scattered over the White House east lawn by a teenager in an ultralight while a barbershop quartet sang "Baby, You're the Tops."

Why do you ask?
That's funny. To get an opinion on the answer, of course.
Ben Kenobi is offline  
Old 10-25-2014, 05:08 PM
  #19  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,003
Default

Glad I could help.
JohnBurke is offline  
Old 10-27-2014, 08:46 AM
  #20  
Gets Weekends Off
 
Joined APC: Jul 2010
Posts: 102
Default

Originally Posted by ccstemberg View Post
I have a friend, that was given a withheld judgement for a felony charge. If he successfully completes his probation. The charges will be dismissed.

He has asked me if I know is it completely out of the question for him to become an airline pilot? I know part of the ATP is to have good moral values.

I told him I would look into it for him. Any feedback would be great.

Such as the airlines background check process, and how far back they look, etc.



Thank and happy flying!
If adjudication is withheld based on conditions such as completing probation, or any other stipulations, it is considered a felony for purposes of SIDA or air carrier ID issuance per 1544 or 1542. Is was issued as an interpretation by TSA legal counsel years ago.

This would preclude your "friend" from most flying jobs for ten years after the gavel went down.
AvSec is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
DMEarc
Regional
1249
12-17-2010 10:37 PM
Pinchanickled
Regional
211
12-14-2010 07:11 AM
flapshalfspeed
Regional
80
12-11-2010 06:20 PM
Sandhawk
Major
159
06-30-2009 11:44 AM
RockBottom
Major
0
03-26-2006 12:39 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices