[Exaday]

Originally Posted by SouthernSarah

She does NOT need a felony. It is life altering. A public pretended can get it reduced IF he or she gives a crap about doing a good job, which is a crap shoot in that case. Exaday? You said most employers do local background checks based on residential history. Is that in Las Vegas? Because in Nashville employers pay $30 bucks or so for a nationwide check.

Firstly, as said before. For a first time offense it would be routine to have it lowered to a misdemeanor. You would not even need a lawyer. She is probably required to have one though because of the charge. The public defender will do fine. He doesn't have to be Matlock, it would never go to court.

Secondly, when you say nationwide we'll assume you mean NCIC. That's not a hardcore background check. It's way more hardcore to have someone actually call the courts where you lived and start delving deeper.

Felonies are felonies though. They show up. But she's not going to get one. The arrest would show up if it leads to a conviction. Only and only because the arrest reports are attached to the conviction report. Many agencies don't report Misdemeanors to NCIC so it would not show up. Metro surely does though.

Things have changed as law enforcement agencies have gone digital. Much easier to track people these days. All arrest, court dates, convictions can be found and they stay for life. Don't be fooled they stay forever. Even people will have them expunged and what not.

When people say it "goes away" that's in terms of it affecting future convictions. It's different in every state, let's say it's ten years. After ten years this prior no longer counts against them if let's say they get in another brawl. It's still going to be part of the record.

I have a friend who is with Metro and I had him look my records up. I was shocked, he could see every time I ever got arrested, every ticket, everything.

Being honest is the way to go. This is what I do and I have never not gotten a job.

[macgeek]

Originally Posted by Exaday

I have a friend who is with Metro and I had him look my records up. I was shocked, he could see every time I ever got arrested, every ticket, everything.

Umm, Uhh is there something you have been hiding from your online friends?



Jonathan

[Exaday]

Originally Posted by Datafeed

"falls off"... this may be a case of a layman arguing specific legal terms.

what I mean is that after three years if her nose is clean the offense will show up as a misdemeanor and not a felony.

This is very possible.

I'm not sure what you're talking about either.

If she is convicted of a felony, it shows up as a felony. She is a felon.

What really happens is this.

She goes to apply for a company that does background checks. The company hires a Private Investigator to perform background checks. This guy looks for any offenses in the Past 10 years and does not report anything else.

If she's trying to get clearance to work at NSA, yes they look more in depth.

This stuff stays forever though, even if charges are dropped. Even if they person is pardoned.

But listen I think you're making a bigger deal out this than it is.

Felony Battery is a pretty bad thing so don't take that deal. Just take the Misdemeanor.

[Exaday]

Originally Posted by macgeek

Umm, Uhh is there something you have been hiding from your online friends?



Jonathan

No, when I was a young guy. 18-20 I was a real moron. Drinking and driving, that sort of thing. I got in some serious trouble. I went on to serve honorable in the United States Army and am a different person. I grew up.

My metro friend did not believe me that I had really been in that much trouble. When I get a job I tell them about the trouble I got into. It was so long ago now though, that they say "you're fine background check only goes back ten years."

Being honest works for me

[Datafeed]

Originally Posted by Exaday

I'm not sure what you're talking about either.

If she is convicted of a felony, it shows up as a felony. She is a felon.

What really happens is this.

She goes to apply for a company that does background checks. The company hires a Private Investigator to perform background checks. This guy looks for any offenses in the Past 10 years and does not report anything else.

If she's trying to get clearance to work at NSA, yes they look more in depth.

This stuff stays forever though, even if charges are dropped. Even if they person is pardoned.

But listen I think you're making a bigger deal out this than it is.

Felony Battery is a pretty bad thing so don't take that deal. Just take the Misdemeanor.

hi,

thanks for your advice. what I meant was that in the deal she was offered it will be originally be handled/reported--I am not an attorney so the terms may not be precise--as a felony but after successful completion of probation it will be reduced to a misdemeanor.

Kinda like if one is caught beating on the ol lady and the judge says if you go to counseling and dont beat her for a year the charges will be dropped or reduced.

Sorry if I was not clear earlier.

Since you seem to know so much about this (a) is there any possibility of jail time and (b) if the "victim" (I use this world lightly as it was just two chicks in a club gettin it on for 8 seconds) has insurance but is getting cat scans and MRIs and seeing a plastic surgeon, etc, will my friend be held responsible for these costs if restitution is awarded.

I think that one cats scan in like 7k.

Once again, the person was not hurt bad, just a stitch.

[WestieJeff]

I'm not an attorney, but I believe in these types of cases there can be both a civil and/or a criminal action (remember OJ got let off the criminal conviction, but was guilty in the civil case). If the "victim" chose to make a civil suit, that would cover these types of medical costs, pain and suffering, etc. and would be separate from a criminal case. I'm pretty sure any plea bargain in criminal court wouldn't affect any potential civil case.

That said, you only sue people you think you can collect from (usually who have insurance), so I don't know if your friend has any money or assets to try and protect.

Originally Posted by Datafeed

Since you seem to know so much about this (a) is there any possibility of jail time and (b) if the "victim" (I use this world lightly as it was just two chicks in a club gettin it on for 8 seconds) has insurance but is getting cat scans and MRIs and seeing a plastic surgeon, etc, will my friend be held responsible for these costs if restitution is awarded.

[Datafeed]

Originally Posted by WestieJeff

I'm not an attorney, but I believe in these types of cases there can be both a civil and/or a criminal action (remember OJ got let off the criminal conviction, but was guilty in the civil case). If the "victim" chose to make a civil suit, that would cover these types of medical costs, pain and suffering, etc. and would be separate from a criminal case. I'm pretty sure any plea bargain in criminal court wouldn't affect any potential civil case.

That said, you only sue people you think you can collect from (usually who have insurance), so I don't know if your friend has any money or assets to try and protect.

thanks. but what does restitution to the victim mean in the context of criminal court?

my friend is broke.

[Exaday]

Originally Posted by Datafeed

hi,

thanks for your advice. what I meant was that in the deal she was offered it will be originally be handled/reported--I am not an attorney so the terms may not be precise--as a felony but after successful completion of probation it will be reduced to a misdemeanor.

Kinda like if one is caught beating on the ol lady and the judge says if you go to counseling and dont beat her for a year the charges will be dropped or reduced.

Sorry if I was not clear earlier.

Since you seem to know so much about this (a) is there any possibility of jail time and (b) if the "victim" (I use this world lightly as it was just two chicks in a club gettin it on for 8 seconds) has insurance but is getting cat scans and MRIs and seeing a plastic surgeon, etc, will my friend be held responsible for these costs if restitution is awarded.

I think that one cats scan in like 7k.

Once again, the person was not hurt bad, just a stitch.

Well....

I think the 3 years probation than it gets dropped to a misdemeanor is a deferred sentence. That sounds like what you are describing.

There is absolutely a chance of Jail time. How much jail time is up to the judge but what he would do is give her 10 days served and 3 on paper for the deferred.

The defer the sentence as long as she complete the probation, it's not a felony conviction

I might still hire a lawyer if and only if she has no priors. I say this because that's gonna cost close to what Leavitt was going to charge you anyways. Not kidding.

This is the question you need to have answered. Is he talking about a 3 year deferred? No deal. You want it dropped to a misdemeanor up front.

The court would hand down 3 years deferred on a first offense anyways.

If the victim provoked the defendant, and I'd bet she did. They'd have a hard time with all that.

If she's getting MRI's and stuff done she probably has an attorney telling her to do these things. That is almost worse than having the misdemeanor. Employers wont want to mess with wage garnishments. The lawyer might not be trying to go directly after your friend. You know how this stuff works. He could prolly sue the club for not protecting her safety or something crazy.

She won't learn much of a lesson if you guys bail her out though. Let her take the three years deferred

[Exaday]

Originally Posted by Datafeed

thanks. but what does restitution to the victim mean in the context of criminal court?

my friend is broke.

Well, if the judge orders restitution, and he/she probably would if the victims lawyer presses the issue, she has to pay them. They have payment plans though. Interest free even.

They don't always get everything they ask for. They're going to ask all their bills be paid for, time missed for work, that sort of thing. If they say they needed six weeks of physical therapy for a stitch, judge won't award that. Plastic surgery for a scar I don't know. getting outside my area of knowledge. there are lawyers cheaper than leavitt that might help as well.

[Datafeed]

thank you so much for your advice, sir.

I never considered that the victim may be after a pay day from the casino.