Class A Misdemeanor while student Forum

[Wolfie91]

Hello all,

A few weeks ago, I was detained and given a Class A Misdemeanor for constructive possession of a controlled substance. I had never received a citation of any kind in my life. I've been told that this will likely be expunged from my record.

I was wondering how this may affect my bar status/options for employment in the future. I am about to be a 2L and made solid grades, but not great by any means (just outside top 1/3rd). I realize it will likely be expunged, but most applications ask that you disclose anyway, correct? I'm hoping that this will not affect it THAT significantly, but have heard opinions on both sides.

Thank you all for the help!

[Anonymous User]

Hello all,

A few weeks ago, I was detained and given a Class A Misdemeanor for constructive possession of a controlled substance. I had never received a citation of any kind in my life. I've been told that this will likely be expunged from my record.

I was wondering how this may affect my bar status/options for employment in the future. I am about to be a 2L and made solid grades, but not great by any means (just outside top 1/3rd). I realize it will likely be expunged, but most applications ask that you disclose anyway, correct? I'm hoping that this will not affect it THAT significantly, but have heard opinions on both sides.

Thank you all for the help!

I had something similar occur to me the day before my SA. The firm was fine without. C&F was a bitch, but you will get through it especially if its expunged. Make sure you disclose on the bar. It is your call to disclose to your employer. I did, and they didn't bat an eye. But that is really a call that you have to make.

I don't think it will make that much of a difference and wouldn't stress about it!

[Wolfie91]

Thank you for easing my nerves a bit bro. It just sucks right now. I just really didn't want this to affect my employment in the future. Especially considering my grades are only above average.

[ClubberLang]

Where in the adjudicative process is this? A conviction could be bad news. I wouldn't put too much stock in what someone told you about it getting expunged, unless that person is your lawyer. If it were me, I'd do whatever possible to avoid a conviction. Some states have a pretty long time between conviction and eligibility for expungment, so there's that too. Definitely get a lawyer if you haven't already. Also, wtf is "constructive possession"? Is this something you're willing to fight?

[Wolfie91]

Constructive, in this case, means that the drugs were on my property (but I did not have actual possession of them).

There have been two attorneys that have said that this would likely get expunged. However, I do realize that anything could happen at trial. This just happened a few weeks ago, and a trial date has been set for a few months. I was also told that these things usually do not get to the trial stage, however I would be willing to fight it if my potential career is threatened.

[Anonymous User]

Constructive, in this case, means that the drugs were on my property (but I did not have actual possession of them).

There have been two attorneys that have said that this would likely get expunged. However, I do realize that anything could happen at trial. This just happened a few weeks ago, and a trial date has been set for a few months. I was also told that these things usually do not get to the trial stage, however I would be willing to fight it if my potential career is threatened.

Not legal advice, but I'm the anon from above and I'd take any deal that would reduce your offense below a misdemeanor. My judge also gave me a little leeway as a law student. You might find the same thing happen for you. Judges really don't want to ruin law students careers over these types of things.

[Wolfie91]

Thank you for the help. I realize that there are many steps to go, but this definitely eased my nerves a little bit.

[ClubberLang]

Yeah, you definitely need to get a lawyer if you don't have one already. Make sure they know your future employment concerns are front and center.

[Wolfie91]

Appreciate your help man! I'm going to do whatever I can here

[kellyfrost]

Do they offer withheld judgments (or deferred prosecution) in your jurisdiction? If so, how do they work in your jurisdiction?

You sound like a prime candidate for one. You are the person, and this is the type of situation they were created for. People get them for DUIs and boating while intoxicated all of the time.

[kellyfrost]

I also wanted to add that if you get a good (read well known) criminal defense attorney, I think there is a decent chance this gets dismissed. I can't see them fighting for a conviction on "constructive possession" to me, this sounds like you were arrested because the cop was doing his/her job, but now the case goes to the prosecutor for their job and discretion.

[Anonymous User]

No big deal

You'r jobs will probably never even have reason to find out and it certainly won't be a legit C&f issue

[Anonymous User]

OP,

I was charged with the same thing a few years ago... I was driving, got pulled over at a random checkpoint. My friend had some weed in his backpack. Next thing I know I'm in the back of a police car. I was freaking out, tbh. Thought this was it for me as a lawyer. Read things online, posted on here, got really freaked out. A lot of people are just going to freak you out more. I'm here to tell you it is going to be alright.

Went to court a couple months later and it was very clear that they didn't want to fight me on it. I told them the truth and the prosecutor without batting and eye told me she would get me an ACD. I also explained to her that I was planning on applying to law school and she seemed to take that into consideration. I think the posts above are correct. They don't want to ruin your career by playing hardball for something this common/minor.

Get a lawyer if you can afford one. Otherwise, speeding tickets were more of a pain in the butt to get a deal on, at least in my experience.

I know this is really stressful and it sucks! I am here to help you feel a little better. Don't worry too much. As long as you haven't been in serious trouble before, you will likely get an ACD. I would bet money on it actually.

[Wolfie91]

Thank you so much anon! Probably common knowledge, but what does ACD stand for?

And I truly have no idea re: the jxd question.. I know that the pills were under my passenger seat and I had no idea that they were there. I was drug tested and it showed I had not taken any illegal substances of any kind.

The issue I'm kind of running into is that I have no clue who the pills actually do belong to. That would certainly make things easier. But I'm hoping you guys are all right. It was just a freak incident because my taillight was out. I was cooperative and completely sober the entire time. I had no idea that the illegal substances were present. So I hope that, once they hear my aspirations, they don't try to burn me too bad.

[ClubberLang]

I know that the pills were under my passenger seat and I had no idea that they were there.

Whoa there, if they were under the seat how did the cop find them? The police can't just search your car because you have a taillight out, unless you let them or gave them some reason to. Also in 2 minutes of legal research, it looks like to prove constructive possession they have to prove knowledge and dominion/control, so you might have a legitimate defense here.

[Anonymous User]

Thank you so much anon! Probably common knowledge, but what does ACD stand for?

And I truly have no idea re: the jxd question.. I know that the pills were under my passenger seat and I had no idea that they were there. I was drug tested and it showed I had not taken any illegal substances of any kind.

The issue I'm kind of running into is that I have no clue who the pills actually do belong to. That would certainly make things easier. But I'm hoping you guys are all right. It was just a freak incident because my taillight was out. I was cooperative and completely sober the entire time. I had no idea that the illegal substances were present. So I hope that, once they hear my aspirations, they don't try to burn me too bad.

Anon from above.

https://en.wikipedia.org/wiki/Adjournme ... _dismissal

Basically deferred judgment. Stay out of trouble for 6 months and it gets dismissed.

Yeah, I don't think they had any legal right to search unless you let them. I actually let them. not knowing my friend had weed. It sucks, but keep your head up you'll be OK.

[LaLiLuLeLo]

It kind of concerns me that future attorneys would consent to baseless searches of their cars, but I suppose that's neither here nor there. Best of luck OP.

[Wolfie91]

haha no. What happened was that the cop said I was "fidgeting around" in my front seat (I turned around one time because I noticed that another cop car had showed up). When he initially asked to search, I said no. So he forced me to stick around for the K9.

[WinSome]

haha no. What happened was that the cop said I was "fidgeting around" in my front seat (I turned around one time because I noticed that another cop car had showed up). When he initially asked to search, I said no. So he forced me to stick around for the K9.

Rodriguez, decided by SCOTUS last year, says you need reasonable suspicion of drug activity to extend a routine traffic stop for a dog sniff. Were you in a high crime area because figeting around alone shouldn't be enough for reasonable suspicion of drug activity?

This not meant to be legal advice. Just suggesting you check out that case.

[ilikebaseball]

No, they shouldn't have sniffed the car for that reason.

[kellyfrost]

haha no. What happened was that the cop said I was "fidgeting around" in my front seat (I turned around one time because I noticed that another cop car had showed up). When he initially asked to search, I said no. So he forced me to stick around for the K9.

Rodriguez, decided by SCOTUS last year, says you need reasonable suspicion of drug activity to extend a routine traffic stop for a dog sniff. Were you in a high crime area because figeting around alone shouldn't be enough for reasonable suspicion of drug activity?

This not meant to be legal advice. Just suggesting you check out that case.

Boom! #lawyered

[Wolfie91]

I was thinking at the time that this didn't seem right. Because the area was pretty low-crime, and "fidgeting around" didn't seem like enough of a reason for them to force me to leave the car.

But at the same time, please remember that I had no idea whatsoever that there was anything in the car. So them sniffing the car wasn't really a cause for concern at the time. I just wanted to get it over with. But even with that being said, I was thinking that me moving around shouldn't give them any reason for me to leave.

I'll check it out, thanks guys! All of your responses were appreciated. If the mods desire, they can lock this thread

[ClubberLang]

So this drug sniffing dog was able to detect pills? I was not aware dogs could do such things, and I don't think "fidgeting around" is reasonable suspicion to search for drugs. Take this for what its worth, my only knowledge of criminal procedure is 2 days of bar prep. Get a lawyer and fight. If you really didn't know the drugs were in there, then you did nothing wrong.

[midlevel2016]

I'm confused. How did they know these pills weren't just spilled advil or something (and how do you know they weren't since you said you didn't know what they were)? Were they like obvious brightly colored ecstasy or something? I didn't think a dog could sniff for pills (setting aside the sundry legal issues).

[Anonymous User]

I'm pretty sure dogs can't sniff for pills (although if the dog alerted to something, like someone had smoked weed in the car, that would be enough for the officer to then search), but I also think the police learn the appearance of prescription drugs and that may be what was found.