Felony Question, with a twist.

[DirtDiver]

Hey All, I've got a question that has been asked 1,000 times with the same relative answers. My question has a slight twist though.

I'm a former police officer.... was a police officer for 8 years, and while working in the capacity as a narcotics officer I learned a motorist had filed a complaint against me stating I had sexually assaulted them.

Very long story short, indicted by a grand jury. Judge wouldn't allow us to show this female had been charged with making false reports twice before, and wouldn't allow us to show her extensive criminal record. Rape Sheild law. Anyways, took a plea deal to agg assault, official misconduct. 6 years probation. I dont trust jurys, I've been in front of enough of them to know you have a 50/50 shot at best.

Like i said, working narcotics in a small town....I'm sure I made the wrong people mad, but thats water under the bridge. Plan to get back into it at some point if i can. Getting this expunged regardless.

Went to truck driving school, graduated 3 weeks early so they had to fudge on my time alittle bit. Although my record says otherwise, i'm not a criminal. Still talk to my cop buddies daily. I have letters of recommendation from all of my former supervisors.

Am I still screwed? And no, I didn't commit the crime. lol.

[Windwalker]

Yeah, I know a guy that spent 15 years for rape. The victim was telling everybody, later, that she had him locked up because he didn't satisfy her that night. And, she went after him because I was too drunk to walk.

I do believe your story. Yes, it is entirely possible. However, are you screwed? Probably. I could be wrong, but the recruiters tend to look at official records. There are some companies that take these things on a case-by-case basis, but I believe their numbers have been shrinking over the last year and a half. You may be screwed until you actually do get it expunged. Until then, the record stands.

Yes, I am handing you a "bed of roses"... But, keep in mind that I have not filed down, even one of the points on the thorns.

If you don't have any luck in this industry, I also used to know a guy that worked at Wal-Mart after having spent nearly 10 years in prison in KY for 5 counts of sodomy with his own 4 year-old son. (He died of a heart attack 2 years ago.) And, that was without getting anything expunged.

While I do believe what you've told us may be entirely possible, the best I can tell you is "GOOD LUCK". There are a few other guys that stop in here that can give you a much better idea of what you face.

[Rev.Vassago]

Windwalker pretty much summed it up. Even getting the record expunged, you may be barred from entering Canada.

[ChiefTJS]

There's no twist to it, you have a felony conviction for aggravated assault.

[Jumbo]

So where is the twist? You, me and everybody else here at Shawshank Prison is innocent. Only guilty man here is old Red.

[SickRick]

If the shoe don't fit, you must acquit.

Not one to give legal advice - but I'd never cop a plea down on something I DIDN'T DO - but HAVE pled down on something I DID DO. OTOH, there's a bunch of cops I know personally, that are the most crooked m-fers to walk the planet - all in Vice/Narc - they lie like rugs, take sexual favors from perps and CI's like they were kids in a candy store.

That being said - you got 6 years paper - are you STILL ON PROBATION? An expunge will help you GREATLY, but, depending on the state, depends on HOW WELL it actually gets expunged (as someone had mentioned, entering Canada). I had a 2nd degree drug felony, pled down to a 3rd (yeah, I did it) - dismissed and sealed upon completion of probation (first offense), where I got OFF PAPER and got it SEALED in '91. It DOES NOT SHOW on DAC's or any other criminal search I've done, and I've entered Canada multiple times recently (and drug felonies are instant entry-denied's at the border) - but I DID have to wait until I was off paper for 3 years to get my carry permit back.

As others have mentioned, in this poor economy, where there are plenty of blemish-free folks WITH experience looking for work, a newbie with a blemished past has a much tougher time getting a hire.

OTOH - try Covenant and CR England, tell the recruiter what your deal is, and roll the dice. You never know.

Best of luck...

Rick

[BIG JEEP on 44's]

Hand ...You Ain't Gunna Beleive this , But I was convicted of....

OR

Driver this ain't no lie , But I ...

[Windwalker]

What I had said was entirely true. Back, before I went into the Navy, there was a girl at a party that was trying to have me go home with her. Yes, I was too drunk to even walk. So, I got really lucky. She picked another guy. The next day, he was arrested for rape. He got out in something like 11 years, and after he was out, she told a few people that the reason she filed rape charges was because he did not "please" her that night. She was dissapointed, so she paid him back. A 15 year sentence. And, she had all the evidence, sperm sample and all.

Sure, there are dirty cops too. The son of a former police dispatcher made the FBI's top ten list for a while because of his illegal drug factory, and it was later found out that the dispatcher, himself, was dealing drugs to the inmates in the cells.

I also know of a few that were given a choice to resign or be framed. My ex father-in-law was one of them. He would not join the crowd on the take, so he either quit or they were going to set him up.

But, at this point, it really does not matter if he's telling the truth or not. The fact is that the paperwork says he did it, and did time for it. If he get's it expunged, he'll still have to account for the time off work. But, I also am aware of the fact that certain violations CAN NOT BE EXPUNGED. I do not know if his can or can not. In the state of FL, a DUI can not be expunged. With all the sexual offenders and laws about them, this may not go away that easily either. As for his chances? He'll have to roll the dice, and don't be too surprised if "SNAKE-EYES" rolls up.

[GMAN]

I didn't think that you could have your record expunged if you plead guilty. In any case, he was on probation. According to what I read he never served any jail time. I would say that each state handles this type of thing differently. Some carriers will consider a new driver who has a felony conviction after 5, 7 or 10 years. Some will never hire someone with a felony conviction. Not all carriers check criminal backgrounds, but more and more are checking due to problems that come up after the fact. Without experience you will likely be forced to go with one of the big carriers and most of them will check your criminal background. I suggest you make some calls to those who hire inexperienced drivers and see what they say. You could find a smaller carrier who could hire you but most of us are limited as to whom we can hire due to insurance regulations. Mine is very strict on experience and moving violations.

[DirtDiver]

I Appreciate the information. I think the state just wasted thier money sending me to truck driving school. Gee thanks.... least I got to kill 5 1/2 weeks driving a big truck.

I took a plea deal because honestly I was scared to death of prison. Its pretty much like a poker game. They were wanting aggravated rape, which is a class A offense. 25 years in prison. Aggravated because I was armed. Or take a plea deal to 7 years probation. Prisons dont normally roll out the welcome mat for former police officers. So at the very least I would have been in solitary confinement for 25 years. But thats awhole other story, and I'm not gonna waste everbody's time pleading my innocence. That isn't the point.

They told me at the truck driving school, they had a student that had graduated and he was convicted of robbing 2 or 3 banks. Of course that was before the economy went to crap.

Again, thanks for the help....i pretty much knew I was screwed, just wanted to make sure.

[GMAN]

I am curious as to whether you have actually spoken to any carriers? Their is a company listings on the top of this forum with requirements. The major ones are listed. There are thousands of carriers across the country. Finding a job is a numbers game. The more carriers you contact the closer you are to finding a position. I don't know whether any of them will give you a chance or not. Each carrier makes their own determination and sets their own policies. Smaller carriers have a difficult time insuring an inexperienced driver. That is the main reason so many start with large carriers. There could be one that might be able to give you a chance to prove yourself. As some have stated, this is not the best time for anyone who has any dings on their record to be looking for a driving job, but persistence can pay off. Your school and state employment office should be able to assist you in finding a job as well as what you can do on your own. You stated that you were on 6 years probation. If that time has elapsed then that may be sufficient for some carriers to consider you.

[SickRick]

I Appreciate the information. I think the state just wasted thier money sending me to truck driving school. Gee thanks.... least I got to kill 5 1/2 weeks driving a big truck.

I took a plea deal because honestly I was scared to death of prison. Its pretty much like a poker game. They were wanting aggravated rape, which is a class A offense. 25 years in prison. Aggravated because I was armed. Or take a plea deal to 7 years probation. Prisons dont normally roll out the welcome mat for former police officers. So at the very least I would have been in solitary confinement for 25 years. But thats awhole other story, and I'm not gonna waste everbody's time pleading my innocence. That isn't the point.

They told me at the truck driving school, they had a student that had graduated and he was convicted of robbing 2 or 3 banks. Of course that was before the economy went to crap.

Again, thanks for the help....i pretty much knew I was screwed, just wanted to make sure.

I assume the "Ag Assault" was AG SEXUAL ASSAULT?

If that's the case, the other issue is, you are now a REGISTERED SEX OFFENDER. Which could encompass anything from public urination (lewd & lascivious - don't laugh - he was drunk, showed the cop his pecker - pled it out and found out he had to register) to gang rape. In any event, a conviction for sex crimes will also limit where you can live, and a lot of other critical lifestyle issues.

Probably be BETTER OFF as a bank robber (side note: it's AMAZING the things they will "forgive" on a TWIC application). Your SCHOOL really should have TOLD YOU THAT.

Then again, you never know until YOU APPLY. Depending on whether or not you live in a "geographically desirable" location - make the rounds of the recruiters - BE HONEST (above all - hate to LIE and get SENT HOME on your dime from an orientation for LYING ON AN APPLICATION).

I'd also suggest you look up the procedures for applying for EXECUTIVE CLEMENCY from the Governors office of your state. A governors PARDON beats the hell out of living with a conviction. I'd get your "ducks in a row" for this one, as evidence excluded by the Rape Shield Law, may very well be admissible. If this woman was in fact, a "problem child", and you were in fact "set up" - then this could well be your way back onto the force or any other plans you have for a future life...

Rick

[DirtDiver]

Its just plain aggravated assault. If it would've been anything sexual in nature, I would've went ahead and took my chances in court. Like i said it was a poker game, and I fell for the bluff. We call it the silver bullet in law enforcement. Either way the chips fell, even if charges hadn't been filed and we all went on our merry way, I probably couldn't have been the police there anymore. Once the accusation is made, your repuation is shot. I was warned when I took the narcotics position to watch who I arrested, with no proof or anything of the sort I never paid much attention to it. I've been told several times since then I made the wrong people mad at me. I dont think I was set up, although thats been mentioned a few times. I think it was just a opportunity they ran with.

I've talked to several recruiters, I spoke to one with JB hunt earlier today. He said there have been several large companies shut down lately, so they are recieving an influx of experienced class a Cdl drivers looking for a job. They along with several companies have changed to only hire drivers with at least 1 year of OTR driving.

He said my best chance was to find a Owner Operator and drive for him, possibly even team with them. I can see the reasoning behind that, 22 hours instead of 11 hours makes more money any day.

I knew going into this I would have a hard time, Didn't expect to have this much trouble. But i'll get there eventually. I've applied with several larger companys, now I will start knocking on doors and scanning the phone book. Again, I appreciate the help. I'll take all I can get.

[Useless]

I was warned when I took the narcotics position to watch who I arrested, with no proof or anything of the sort I never paid much attention to it.

Unfortunately, this is not hard to believe at all. The (so-called) "War on Drugs" is a breeding ground for corruption. Although I don't travel as much as I used to, I used to travel East Texas and Eastern Oklahoma quite a bit. No joke, in certain small towns, if you wanted to see a criminal face to face, all you had to do is call 911 and ask for a cop to come to your door. In one small town in Texas, almost half of the city's police force "resigned" abruptly, and the officer's names and faces were in the town's weekly newspaper the next week. Other "resignations" followed as well. Evidence was missing; some had been sold, bags of weed confiscated, and containers of crack, coke, and crystal meth were literally found in the desk drawers of some officers. The degree of unofficial, but very real corrupt abrogation laws and public trust, as well as abuse and misuse of law enforcement authority was as appalling as it was unbelievable. Unfortunately," unbelievable" as it all would have seemed to be, the truth proved to be all too painful, sad.... pathetic. This was a town where people embraced "good, old fashioned, conservative values"..... at least that was the facade put forth. .

I've been told several times since then I made the wrong people mad at me. I don't think I was set up, although that's been mentioned a few times. I think it was just an opportunity they ran with.

So, what makes you so sure that you were not set up?? Certainly, as a former narc, you know that "opportunities" are often "created"!!

As difficult as your current circumstances appear to be, there is one truth that remains unchanged. Life is about 20% of what happens to you, and about 80% of what you choose to do about it.
Could it be that you are too focused upon finding opportunities that will at best, be very limited??
Could it be that you have a potentially golden opportunity at hand, but your focus is too misplaced, and your thinking is too disorganized to be able to see it clearly??

In today's economy, with your record, you are going to have a very difficult, if not impossible time finding a driving job. While I'm sure that reality is by no means lost on you, and while it has been discussed in general terms to varying degrees, there are some specific obstacles impeding you. There are very few companies that will even consider you, and many of the "outlaw" companies, as well as O/O's who once hired drivers with a record, have either closed their doors, or are currently holding on by the skin of their teeth. Few O/O's are going to risk entrusting you a piece of equipment that is used to feed their families. Running as a team driver for an O/O?? Possibly. Otherwise?? I'd be very suspicious if I were you. In today's economic situation, running for an O/O could prove to be a nightmare worse than you are facing now. You can't go into Canada, you can't pull haz-mat, (in today's world, who wants to??) and you'll be a sitting duck in the chicken houses. Add to the mix, you could end up driving for an unscrupulous O/O or outlaw company who would welcome you, (because they care about you, are willing to give you a "second chance", ad nauseam...) allow you to drive for them (because no one else will drive for them), and then....... somehow forget to pay you. There are more than a few shucksters out there, that saga has repeated itself time and again, and you, my friend, are a pigeon awaiting their welcome.

There may be a way to turn these liabilities into assets. You are a former police officer, a former narc, now a convicted felon, and you have now experienced the law from both sides of the bars. You do have certain life experiences that few people have. Here may be an opportunity to take those experiences, and turn them into income producing assets.

Speaking as an entrepreneur, investor, and business owner, when I'm dealing with certain areas of business and / or investment opportunities or programs that involve intricacies I do not completely understand, there are times when I retain and rely upon reputable, experienced, specialized consultants. Why?? Because they have certain experience that I lack, they have certain areas of specialized expertise that I need, they know certain things that I don't know, and they can help me evaluate matters in a detached and objective manner; factors that can easily spell the difference between success or failure. They also know certain truth's behind the facades that can ensnare others so easily. They also know where certain pitfalls may lay, how to identify them, how to avoid them, and help me preserve cash flow, maintain and enhance profitability, protect assets, reduce risk exposure, minimize losses, and save me from having to deal with the fall-out of unwise decisions and practices. More importantly, they can help educate me about future trends. Ultimately though, the difficult decisions come to my desk; they are my responsibility. What's the rule in business?? BUY when others are selling, and SELL when others are buying; a nice, trite little cliche, but in truth, timing is very critical, and the ability of a good consultant to measure and predict trends has helped save my ass, (although, I've been more than a little bit "bruised" over the past year) especially over these past 18 to 36 months. In short, they hold certain intellectual wealth that I lack.

Now, ask yourself this question:

"If you could get people (young adults?? older adults?? parents with adolescent, teenage, and early adult children, or grand children??) to spend some money with you, and you could teach those parents and kids the "ugly truth's" that the DARE programs don't and won't teach, the deep, dark "secrets" and land mines that are unfortunate realities of our legal and judicial systems, and how avoid and deal with those problems, dangers, and risks, how much money in attorney's fees, court costs, lost time, lost income, other financial losses and hardships, and lost opportunities for a brighter future could you possibly save them in the end??" Remember: People generally call criminal defense lawyers AFTER troubles have arisen. Could it benefit people (not only financially, but in other respects as well) to invest a fraction of an attorney's fee in your expertise BEFORE troubles arise??

Let's put this into a marketing perspective. Please pay careful attention to the highlights underscores, and italics; they denote inflections, emphasis, and "trigger / selling" words and phrases.

*** Does it make sense to SPEND money on a criminal defense lawyer AFTER troubles have arisen?? People do not "invest"money in criminal defense attorneys; they SPEND it, and because of the potential consequences, they SPEND money they have, and they SPEND money they do not have.
Please Note: This is not an indictment against criminal defense lawyers. Operating a law practice, preparing, and mounting a defense are very costly parameters.

*** Wouldn't it be wise to INVEST a fraction of an attorney's fee in your knowledge, expertise, and experience BEFORE trouble is offered the chance to happen??

Think about this: You know certain things that police officers can not discuss, and attorneys will not discuss.

Your years of law enforcement experience, as well as your work as a narcotics officer, combined with your knowledge of the deep, dark secrets and pitfalls, as well as the sobering and sometimes ugly realities that can leave an innocent person vulnerable to being wrongly accused and wrongly convicted, arm you with a wealth of knowledge and a bastion of opportunity that few people have. Now, please remember what I stated about my reasons for retaining consultants. Consultants posses intellectual wealth that I need, and that I lack. Do you now see that YOU hold certain intellectual wealth that many people need, but that most people lack?? The need is there, and there are very few people qualified to fill that need. Could YOU fill that need??

Regardless of our economic situation, the opportunities are there, and they are ripe. In my mind, those factors translate into income potential. The recessed economy actually makes the need for what you already have to offer even greater.

Best of "luck" to you. Do remember something very important, though; "LUCK" is a phenomenon which occurs when the threshold of opportunity converges with the threshold of preparation.

The thresholds of opportunities are already in place; What you need now is preparation.

Peace!!

[DirtDiver]

wow.....

I'm speechless after reading that post.

As far as being set up, I recognize it is a likely possibility. In my way of thinking that is too much like a TV cop show, just alot of trouble for me. In a small town, you never really know who is connected to who. Other then recieving a few death threats, nothing really ever concerned me.

Its a learning experience going from one side of the law to the other, not one I care to ever go through again. I agree I have an interesting perspective on both sides of the law, but right now I feel as though its alittle jaded to use for anything educational. I wont get too far off topic with this, but I do feel as though the criminal justice system needs alittle refreshing.

I had to use a public defender, he shook me hand like a 90 year old woman. I knew right then, it was all up hill. He was a newish public defender maybe a years worth of experience. And he wanted to take a plea deal immediatly. He had never had a case in criminal court and was afraid. Most lawyers charge by the offense, at least around here. Every lawyer I talked to was charging anywhere from 15,000 to 50,000 dollars to defend me.

I never in my wildest dreams thought I would be on this side of things, but let that be a learning experience for you. A woman has more rights in the legal system then a man, if she alleges a sexual crime took place, that removes the rest of your rights and gives them to her.

Go to google, and type in false allegations.....its alot more commen then I ever realized.

Thanks again Useless, I appreciate the information.

[Useless]

DirtDigger:

I've got to shut down for the night; have a pretty busy day ahead of me. You aren't going to solve this overnight.

There are some things I can tell you, but not tonight.

In short, you are wanting to distance yourself from something that you should, in the positive sense, be embracing.

I'll get back to you tomorrow or the next day.

Peace!!

[SickRick]

The issue with ANY JOB, as a newly licensed CDL Driver (not withstanding your OTHER legal issues), is INSURABILITY. The REASON newly licensed drivers have to go with the (so-called) "mega carriers" is that THEY SELF INSURE and don't need to get an insurance company to underwrite you. Otherwise, you WILL NOT GET INSURED to run all 48 by a "normal" insurance company that writes trucking liability.

There are some (really rare) exceptions to this rule, I knew a guy that drove Class B and some A, (on a B license) for a construction company moving their equipment (that he operated) around. He got pulled over one day, DOT guy gave him a break and told him to go get his A. A letter from this employer and a previous one, where he drove B, enabled a small company he went with to get their insurance company to underwrite him. Absent a MIRACLE like this - you WILL NOT BE ABLE TO BE INSURED.

That is the MAIN PROBLEM that faces the rest of us "recent grads" that have CLEAN BACKGROUNDS and clean driving records.

Public defenders ONLY deal with criminal cases (cases where an individuals liberty is in jeopardy), otherwise the "right to counsel" afforded by law doesn't exist. Public defenders "can" be good attorneys - the one(s) I used for my little problem did well enough. Then again, I was in a much larger court system - the "deal" they were giving out for my offense at the time was the "standard deal" for that judge, that offense, at that time and would have been offered to Johnny Cochran if he was representing me. You got RAILROADED. If I was a PROSECUTOR with a solid case, and a Rape Shield Law to protect my "victims" past - there's NO WAY I would plead a sexual assault with a cop, down to a simple ag assualt.

All this is kinda besides the point. Since you took the deal, there's no reversal on appeal. Your only option is to go for a clemency (that's to dump the charge completely and get it out of your life). As far as driving goes, keep knocking on them doors. You didn't "kill" 5 1/2 weeks - you got an education in another field, got a Class A CDL, and one day may get a chance to use it. You could also look for work driving a Class B (straight truck). Again, felony convictions will hurt you there too, but perhaps not as much as for Tractor/Trailer work.

Rick

[TimberWolf]

Hey Useless,

Awesome post!!
That is what this board is meant for..

So much better then Mickey D's is hiring???

Thank you and have a great week..

Timberwolf

[Useless]

Thanks, Timberwolf!!

I tend to think "outside the box" of conventional thinking. I really appreciate your compliment!!

[DirtDiver]

.\

Public defenders ONLY deal with criminal cases (cases where an individuals liberty is in jeopardy), otherwise the "right to counsel" afforded by law doesn't exist. Public defenders "can" be good attorneys - the one(s) I used for my little problem did well enough. Then again, I was in a much larger court system - the "deal" they were giving out for my offense at the time was the "standard deal" for that judge, that offense, at that time and would have been offered to Johnny Cochran if he was representing me. You got RAILROADED. If I was a PROSECUTOR with a solid case, and a Rape Shield Law to protect my "victims" past - there's NO WAY I would plead a sexual assault with a cop, down to a simple ag assualt.

All this is kinda besides the point. Since you took the deal, there's no reversal on appeal. Your only option is to go for a clemency (that's to dump the charge completely and get it out of your life). As far as driving goes, keep knocking on them doors. You didn't "kill" 5 1/2 weeks - you got an education in another field, got a Class A CDL, and one day may get a chance to use it. You could also look for work driving a Class B (straight truck). Again, felony convictions will hurt you there too, but perhaps not as much as for Tractor/Trailer work.

Rick

There is no way they had a case, They had no evidence from inside my car nothing at all to collaborate her story. But that doesn't matter when a Jury is involved. They may not have liked me because I had a blue shirt on, or used to be a cop, or that I wrote a ticket to somebody they knew several years ago. Thats how jurys work, I've seen it done like that hundreds of times. Like I said, They played poker with me and with the hand I was dealt I folded.

The day I'm eligible I'll be applying for expungement. That was another reason I accepted this deal. Aggravated Assault, while it looks bad on paper, is no where as bad as any sort of sexual crime. Being branded a Sex Offender for the rest of my life didn't look very good to me. The only reason anything is Aggravated is because of my side arm, I dont think it was brought up in the story that was alleged.

I've always been on a certain side of the false statements, perps were making stuff up that Could've been true, and I had to decipher through the bull crap and find the truth. Its amazing to me being on the other side of false statements. When you know everything the person is saying is false, but the details they include in the statement almost make you wonder your self. Maybe One day I'll try to get back in law enforcement, after the expungement I'd have to challenge the POST (police officer standards and training) commission, and thats Iffy. We'll just have to see, untill then I'm gonna keep knockin on doors.

Its extremely hard not to get discouraged, but there isn't a bit of sense wasting energy sitting around feeling sorry for your self, lord knows i've done enough of that. lol.