DUI - clerkship impact

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sadsituationJD
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Joined: Tue Mar 06, 2012 10:33 pm

Re: DUI - clerkship impact

Postby sadsituationJD » Sat Nov 10, 2012 1:20 pm

Been a while and I went through treatment and haven't drank in years but in your opinion SJD would it effect the chance at the PD's office in NJ?


Maybe. BTW are you the OP? If so, and you are thinking of getting a lawyer, either PM me or go on craigslist and find the cheapest one possible. Contrary to the slick websites that the "DWI mills" run that pop up #1 on Google AdWords, there is basically no defense to a DWI in 99% of cases. The mills charge big $$$ and then just send some pathetic per-diem shitlawyer to court to spend 5 mins talking to the prosecutor and pretend they got you some "special" deal you couldn't get on your own. Hardly anyone in muni. court has a lawyer for DWI anymore, it is common knowledge that it's a giant waste of $$$. They don't call it 'shitlaw" for nothing.

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Sat Nov 10, 2012 1:43 pm

sadsituationJD wrote:
Been a while and I went through treatment and haven't drank in years but in your opinion SJD would it effect the chance at the PD's office in NJ?


Maybe. BTW are you the OP? If so, and you are thinking of getting a lawyer, either PM me or go on craigslist and find the cheapest one possible. Contrary to the slick websites that the "DWI mills" run that pop up #1 on Google AdWords, there is basically no defense to a DWI in 99% of cases. The mills charge big $$$ and then just send some pathetic per-diem shitlawyer to court to spend 5 mins talking to the prosecutor and pretend they got you some "special" deal you couldn't get on your own. Hardly anyone in muni. court has a lawyer for DWI anymore, it is common knowledge that it's a giant waste of $$$. They don't call it 'shitlaw" for nothing.


I am not the OP and did not have an attorney when I got mine. I simply accepted that I had a problem and did what I needed to do to fix myself. (I went WAY beyond what the court required.) In theory it is expunged from my record as long as I don't get another but the reality is it DID happen so obviously I will disclose it. By the time I am job searching it will have been seven years since the event and since I touched alcohol in any form.

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Sat Nov 10, 2012 1:56 pm

OP here. Not looking for an attorney or any way out of the situation, just looking for any first or second hand knowledge of whether a DUI disclosure was a game changer for a clerkship.

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Sat Nov 10, 2012 9:00 pm

I got fingerprinted by the court's HR department about a week before starting my federal clerkship. (Before hiring me, the judge hadn't inquired about any criminal history.) I was told the fingerprints were used for an FBI central records check and a background check for convictions in the state in which I'm clerking. There was also a form I filled out that asked me to disclose any arrests and convictions. I had some relatively minor stuff that I disclosed on there (driving with a suspended license, underage drinking, etc). I never heard a word about it again.

Here's the thing: the HR people told me that it takes, AT A MINIMUM, 2 months for the results to come back. So I was clerking for 2 months before they even knew whether or not I was a convicted murderer. The point is, the judge will eventually see everything on your record, but I highly doubt that even the "DUI" you've described would get you fired, so long as you disclose everything with HR. (especially since you'll have (hopefully) built a good reputation for yourself during the first couple months of work).

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Sat Nov 10, 2012 9:48 pm

Anonymous User wrote:I got fingerprinted by the court's HR department about a week before starting my federal clerkship. (Before hiring me, the judge hadn't inquired about any criminal history.) I was told the fingerprints were used for an FBI central records check and a background check for convictions in the state in which I'm clerking. There was also a form I filled out that asked me to disclose any arrests and convictions. I had some relatively minor stuff that I disclosed on there (driving with a suspended license, underage drinking, etc). I never heard a word about it again.

Here's the thing: the HR people told me that it takes, AT A MINIMUM, 2 months for the results to come back. So I was clerking for 2 months before they even knew whether or not I was a convicted murderer. The point is, the judge will eventually see everything on your record, but I highly doubt that even the "DUI" you've described would get you fired, so long as you disclose everything with HR. (especially since you'll have (hopefully) built a good reputation for yourself during the first couple months of work).

I think this varies - I got fingerprinted my first day (it would have been about a week before, but I didn't get into town until the weekend before starting), and got info back from the FBI about my (non-existent) arrest record by the end of the week. (This might be because the marshalls did my prints, not HR - but it's something to keep in mind.)

Buck.Shot
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Re: DUI - clerkship impact

Postby Buck.Shot » Tue Nov 13, 2012 1:09 am

Check out the story of Harvey Prager. This guy was a former drug smuggler who was able to get a clerkship. Now he practices in New York and he specializes in--I kid you not--professional responsibility. So, don't give up just because you got a DUI.

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XxSpyKEx
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Re: DUI - clerkship impact

Postby XxSpyKEx » Tue Nov 13, 2012 3:12 pm

wcarlwilson wrote:Why don't you contact the ethics panel on when and how to disclose. An arrest is not a convection and it might be in your interest to fight it. You know use what youve learned.

The problem is you don't have the job yet. You had the job and working I wouldn't sweat as much. But it's nothing to take lightly.


This. Don't know much about how DUIs work in NJ, but it seems as though in a lot of states, a 1st DUI offense doesn't typically lead to a DUI conviction. A lot of states plead them down to reckless driving, where pretty much no one outside of the state is able to tell whether it was an alcohol related offense, or whether you just accidentally used your right turn signal when you were turning left while driving in Virginia (I shit you not, that is enough for a reckless driving offense in Virginia, according to the Virginia Code). Alternatively, states like Illinois will often give you "court supervision" for your 1st violation (in other words, you pay the fine and it never shows up on your convictions record). There's also the possibility of going to jury trial (assuming you're in a state that you can't plea to something lesser than a DUI conviction). Juries do crazy shit, and you probably got a decent chance of acquittal with one, assuming there isn't an overwhelming amount of evidence against you. Talk to an attorney, and avoid getting a conviction.

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Tue Nov 13, 2012 3:23 pm

Yeah that's not how NJ works. No pleading down, etc. Not technically a criminal offense either.

sadsituationJD
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Re: DUI - clerkship impact

Postby sadsituationJD » Tue Nov 13, 2012 3:50 pm

NJ is among the toughest states in the USA on DWI. First time offenders face mandatory loss of license for at least 3 (and usually 6) months. No special or conditional "drive only to work and back" licenses. No plea bargains. No right to a jury trial. Also a mandatory 3 year insurance surcharge of 1000 a year (in addition to about 1500 in fines and court costs and Alcohol education classes).

For a very high BAC some first-time offenders are now being order to have ignition interlocks installed. These units cost upwards of 1000 to "rent" and also payment of program fees etc. Bottom line is that in NJ a DWI can & does financially destroy a lot of folks.

Anonymous User
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Re: DUI - clerkship impact

Postby Anonymous User » Tue Nov 13, 2012 4:32 pm

sadsituationJD wrote:NJ is among the toughest states in the USA on DWI. First time offenders face mandatory loss of license for at least 3 (and usually 6) months. No special or conditional "drive only to work and back" licenses. No plea bargains. No right to a jury trial. Also a mandatory 3 year insurance surcharge of 1000 a year (in addition to about 1500 in fines and court costs and Alcohol education classes).

For a very high BAC some first-time offenders are now being order to have ignition interlocks installed. These units cost upwards of 1000 to "rent" and also payment of program fees etc. Bottom line is that in NJ a DWI can & does financially destroy a lot of folks.



The Midwestern state I got mine took my license for a year THEN required the ignition interlock for the second year. This even with me entering treatment and "fixing" my problem. (yes, it was a BAC above .15 that required the level of response there.) It was a first time offense.

They are bad but you can recover from them if you take the issue seriously and do what you need to do to correct your issues.




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