strange C&F dilemma

(On Campus Interviews, Summer Associate positions, Firm Reviews, Tips, ...)
Forum rules
Anonymous Posting

Anonymous posting is only appropriate when you are revealing sensitive employment related information about a firm, job, etc. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.

Failure to follow these rules will get you outed, warned, or banned.
Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

strange C&F dilemma

Postby Anonymous User » Fri Jul 06, 2012 6:35 pm

not a flame.

a few months ago i was extremely intoxicated and being an assclown. i was stopped a police officer, and, embarrassingly, do not remember clearly what happened. i know i wasn't handcuffed, taken to jail, put in a car or anything and thought that i was just told to calm down. in the morning, however, i found a card with the officer's name on it and an incident report number. i did not think much of it at the time, and unfortunately, no longer have the incident report number. nor do i know whether i was given a citation that i (drunkenly) lost.

now that i am going through C&F, my state asks only for convictions and pending charges. i am now worried the incident above resulted in a citation for a minor crime (public intoxication maybe?) and that i have either a pending charge or conviction. is there any way i can find out for sure before turning in my application? i am also no longer in the state where this happened.

JetsFan1990
Posts: 125
Joined: Mon Jul 02, 2012 12:41 am

Re: strange C&F dilemma

Postby JetsFan1990 » Fri Jul 06, 2012 6:38 pm

I'd imagine that you shouldn't worry about this too much. If anything, call the police department in the area where the incident happened and ask if they have anything on file under your name.

User avatar
bankruptedcasino
Posts: 95
Joined: Wed May 26, 2010 5:24 pm

Re: strange C&F dilemma

Postby bankruptedcasino » Fri Jul 06, 2012 7:01 pm

^^ This.

If they do not have anything on file for you, ask to speak with the supervising sergeant of the police department. When you get him or her on the phone, state the following, "I am a candidate for the XX State Bar and I will not be permitted to sit for the bar exam unless what I disclose on my application matches directly what you are telling me now. If possible, can I please get a letter attesting to the fact that you do not have anything on file for me?" Keep that letter in handy in case the bar comes a-knockin' claiming you didn't disclose a pending charge.

If they have something on file, disclose. Doesn't matter if it's not a pending charge or a conviction, disclose it. This one isolated incident will not keep you out of the profession.

Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

Re: strange C&F dilemma

Postby Anonymous User » Fri Jul 06, 2012 7:03 pm

bankruptedcasino wrote:^^ This.

If they do not have anything on file for you, ask to speak with the supervising sergeant of the police department. When you get him or her on the phone, state the following, "I am a candidate for the XX State Bar and I will not be permitted to sit for the bar exam unless what I disclose on my application matches directly what you are telling me now. If possible, can I please get a letter attesting to the fact that you do not have anything on file for me?" Keep that letter in handy in case the bar comes a-knockin' claiming you didn't disclose a pending charge.

If they have something on file, disclose. Doesn't matter if it's not a pending charge or a conviction, disclose it. This one isolated incident will not keep you out of the profession.


disclose even if the bar only asks for convictions and specifically says to exclude arrests that do not result in convictions?

User avatar
bankruptedcasino
Posts: 95
Joined: Wed May 26, 2010 5:24 pm

Re: strange C&F dilemma

Postby bankruptedcasino » Fri Jul 06, 2012 7:13 pm

Anonymous User wrote:now that i am going through C&F, my state asks only for convictions and pending charges.


If there is an incident number, that means a police report was filed. Once a police report is filed, it is referred to the prosecutor's office to determine if the State should press charges. If you were just drunk and disorderly, the prosecutors will not press charges. Instead, your case is automatically referred to criminal court and a charge is currently pending against you. Given your state of intoxication, it is possible that the officer used your driver's license address to mail the disorderly ticket and, if you have moved and not changed the street address on your license, you may not have a received a copy in the mail.

Your concern revolves around the fact that your state bar specifically asks for pending charges. You might have one pending against you right now, which is why if there is a report, I'd disclose it. If you have time before the application is due, however, you would need to contact the DA's office in your county and find out if there is a charge against you and how you can deal with it. Better to submit your app with a pending charge, or a conviction with deferred adjudication, rather than a pending charge and a failure to appear combined with a bench warrant.

Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

Re: strange C&F dilemma

Postby Anonymous User » Fri Jul 06, 2012 7:17 pm

thank, so the only way to find out about the pending charge is to contact the DA's office and explain my situation (e.g., being so drunk i don't know if i was given a citation)?

User avatar
bankruptedcasino
Posts: 95
Joined: Wed May 26, 2010 5:24 pm

Re: strange C&F dilemma

Postby bankruptedcasino » Fri Jul 06, 2012 7:20 pm

Hahaha, no. I wouldn't call a DA if I had to. Call the Police Department. Say you have this Officer's business card and an incident number and you want to talk to the officer directly, or that you want to know what the incident number means and if it was a police report and you were cited for something. They'll be happy to help. In fact, I think some of them would fall out of their chairs that they actually had a person call and ask them if they were charged rather than just saying "eff it" and toking on another hit of crack cocaine.

Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

Re: strange C&F dilemma

Postby Anonymous User » Fri Jul 06, 2012 7:23 pm

ty. will do.

tmgarvey
Posts: 50
Joined: Mon Feb 06, 2012 4:16 pm

Re: strange C&F dilemma

Postby tmgarvey » Fri Jul 06, 2012 7:29 pm

bankruptedcasino wrote:
If there is an incident number, that means a police report was filed. Once a police report is filed, it is referred to the prosecutor's office to determine if the State should press charges. If you were just drunk and disorderly, the prosecutors will not press charges. Instead, your case is automatically referred to criminal court and a charge is currently pending against you. Given your state of intoxication, it is possible that the officer used your driver's license address to mail the disorderly ticket and, if you have moved and not changed the street address on your license, you may not have a received a copy in the mail.

Your concern revolves around the fact that your state bar specifically asks for pending charges. You might have one pending against you right now, which is why if there is a report, I'd disclose it. If you have time before the application is due, however, you would need to contact the DA's office in your county and find out if there is a charge against you and how you can deal with it. Better to submit your app with a pending charge, or a conviction with deferred adjudication, rather than a pending charge and a failure to appear combined with a bench warrant.
It isn't true that every incident report is passed to the prosecutor's office. Officers must write a report on each incident just to cover themselves and to document information that might become relevant later (e.g., said drunken individual later is suspected of committing some other offense). So the report does NOT necessarily mean you have pending charges.

HOWEVER, a reasonable and responsible person would follow up to confirm that there are, in fact, no pending charges. Once you have done that (and, yes, the confirmation letter is a good idea), then you have no obligation to report it if you are excused from disclosing arrests that don't result in conviction. (You weren't even arrested.) Depending on the State where the incident occurred, the DA may never see it. The Police Department should be able to tell you what, if anything, was issued as a result of the report. The fact that the report does not mention a citation or other charge tends to suggest none was issued, but to be safe you need to follow up.

I'm a retired prosecutor and reasonably sure what I have said is accurate.

Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

Re: strange C&F dilemma

Postby Anonymous User » Fri Jul 06, 2012 9:16 pm

OP here: Thank you for your replies!

i remember an internship requesting a police clearance report about 2 months after the incident i was cleared to work. does such a report typically flag pending charges? (report came from the same city's PD)

tmgarvey
Posts: 50
Joined: Mon Feb 06, 2012 4:16 pm

Re: strange C&F dilemma

Postby tmgarvey » Wed Jul 11, 2012 8:38 am

Probably, but by far the simplest thing to do is to pick up the phone and ask, then follow up with a confirmation letter. Having done that, you will have reasonably informed yourself, which is all that can reasonably be expected of anyone.

Anonymous User
Posts: 273117
Joined: Tue Aug 11, 2009 9:32 am

Re: strange C&F dilemma

Postby Anonymous User » Wed Jul 11, 2012 9:30 am

OP - depending on your jurisdiction, you may wish to consider consulting an attorney. I wouldn't be as concerned about C&F as I would be concerned about making sure that you don't have a pending charge. You do not want to get a failure to appear.




Return to “Legal Employment”

Who is online

The online users are hidden on this forum.