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Old 07-02-2007, 07:20 PM   #1
FreakNasty
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Default Legal Trouble if anyone can help........

Ok, bout 6 months ago, I got into a verbal dispute with a guy that said he had caught me stealiing at their store. He says he gots me on tape, and i know for a fact that i didnt take anything, so i walk in his office and we r yelling back and forth at each other. i told him if he has me on tape, why is he trying to make me confess and im clearly showing him the contents of my pockets? So i try to walk out and he blocks the door. I tried to walk pass him, then he grabs me and throws me back, and he says "you just assaulted me" and looks to the owner and the owner says "yeah you sure did". I just respond with "both of yall are f**** up" Now they finally let me go.

A month later, i get a letter in the mail saying i have a ticket for assault (contact) which is a class c misdemeanor from a law firm. I didnt think anything of it because i never received a citation. I then really ignore the letter because i get hired at a job. If i had that on my background, why would they hire me right?

And now, i just got offered a position at a top car dealership in dallas, and ive been so nervous about getting this position. But as I walk out the door from my interview, the words of the sales manager just kept ringing in my head (as soon as we review your criminal background and driving record, you will start asap.) So I rush home, look through all my papers, and find that letter from that law firm i received months ago. I call that number and as shes explaining to me my personal information, i notice that they have my last name spelled wrong. ....... Is that maybe y i got hired at that last job????? Is it possible that it wont come up on a background check or a driving record check??? Or heck, maybe the ticket is void altogether? any help would be greatly appreciated.
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Old 07-02-2007, 08:05 PM   #2
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First, I wouldn't worry about it, in terms of your new job (congrats, by the way). The chances are that a Class C misdemeanor isn't even going to turn up on most background checks. And even it does, it sounds to me like the kind of thing that isn't going to keep you from getting that job.

What you should do to get to the bottom of it is contact the municipal court in the jurisdiction the incident happened in. If you live in a different jurisdiction, it wouldn't hurt to check there, too, but I'm pretty certain you would find it in the jurisdiction where it happened, if there is anything there to find.

My guess is that if you received a letter from a law firm, you probably DID get charged with assault. The law firms will check the court records and send out letters to try to get your business. I highly doubt that letter you received came out of thin air.

Piecing this thing together, I want to say that you no longer live at the last address on file with the authorities, which is why you didn't get the citation in the mail. But then again, how did the law firm get your address in order to send you that letter? Have you recently changed addresses?

Bottom line, just call the courts and see if you have a case against you. If you do, then it has probably gone into warrant status by now, and that could get ugly if you get pulled over. So check it out tomorrow morning.

If you indeed do have a charge against you, don't sweat it. You'll have to go the court and either post a bond if they are willing to reset your court date, or pay the fine in full. You can probably get deffered adjudication and the charge will never appear on your record.

Best of luck. Let us know how you get on.
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Old 07-02-2007, 08:44 PM   #3
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Not trying to be difficult here, but if a cop was never there, and all you had was a discussion then how do they have both your name and address?

That said a class c is not a big deal, and would probably not hurt your chances on the job front
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Old 07-02-2007, 09:05 PM   #4
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Yes! a possibly convicted felon on our mavs board! Just kidding. Dude, that sucks ass, i don't understand how they can charge you with anything without the police being involved. But also i don't know the law at all, although i used to watch a lot of COPS in college.

That being said, Good luck brother.

Also, that guy is lucky, once someone puts their hands on me, it's lights out for that sucka.
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Old 07-02-2007, 10:09 PM   #5
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Old 07-03-2007, 12:50 AM   #6
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Quote:
Originally Posted by chumdawg
First, I wouldn't worry about it, in terms of your new job (congrats, by the way). The chances are that a Class C misdemeanor isn't even going to turn up on most background checks. And even it does, it sounds to me like the kind of thing that isn't going to keep you from getting that job.

Piecing this thing together, I want to say that you no longer live at the last address on file with the authorities, which is why you didn't get the citation in the mail. But then again, how did the law firm get your address in order to send you that letter? Have you recently changed addresses?

Bottom line, just call the courts and see if you have a case against you. If you do, then it has probably gone into warrant status by now, and that could get ugly if you get pulled over. So check it out tomorrow morning.

If you indeed do have a charge against you, don't sweat it. You'll have to go the court and either post a bond if they are willing to reset your court date, or pay the fine in full. You can probably get deffered adjudication and the charge will never appear on your record.

Best of luck. Let us know how you get on.
Thanks for the feedback Chum. And yes, I did change addresses, the law firm letters even have my old address listed, but I guess it somehow rerouted to my new one, thats why i figured, hey if this law firm letter can make it to my new address so can a citation from the city.

And yes I do have a charge against me that is in warrant status....... which is something I intend to dispute as soon as possible. To answer the question about how was this possible when the police werent involved, they were actually on their way as I was in the room. Oh, and on the theft accusation, I did go back to speak with the manager because I know some stores have policies where if you were accused of theft but you were innocent, the employee who made that accusation would be terminated but the guy who supposedly had me on tape was let go because he was a seasonal employee.

The thing that is worrying me is that I know my criminal background is clear, but wont this show up on my driving record, because it was a citation. A clean driving record is needed for this position, but I did explain to the manager about my speeding tickets, and she was fine with that, now if she finds out about this........ i really dont know what will happen.
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Old 07-03-2007, 01:00 AM   #7
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Yeah, that's kinda what I was thinking. Don't worry IN THE LEAST about your driving record. That's a check with DPS. You could be a felon, and DPS wouldn't know about it. (Well, unless it was felony DWI, I guess.)

You're safe. They won't turn up the Class C misdemeanor on your criminal background check (any more than they would speeding tickets, which are also Class C misdemeanors), nor will they find that charge on your driving record. I think you can rest comfortably.

Now, you DO need to see what you can do to get that assault charge off your record. Asit stands right now, I'm sure it is a conviction by default because you never showed up for court. But the chances are that if you go to the judge and tell your story, you will get a new court date (when you can arrange deferred adjudication or some other favorable remedy). If not, it's still probably not that big a deal. But if I were you, I would at least try to fight the charge. It may be too late now, but you can still try. You would be surprised what lenience the courts will grant.
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Old 07-03-2007, 01:30 AM   #8
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Quote:
Originally Posted by chumdawg
Yeah, that's kinda what I was thinking. Don't worry IN THE LEAST about your driving record. That's a check with DPS. You could be a felon, and DPS wouldn't know about it. (Well, unless it was felony DWI, I guess.)

You're safe. They won't turn up the Class C misdemeanor on your criminal background check (any more than they would speeding tickets, which are also Class C misdemeanors), nor will they find that charge on your driving record. I think you can rest comfortably.

Now, you DO need to see what you can do to get that assault charge off your record. Asit stands right now, I'm sure it is a conviction by default because you never showed up for court. But the chances are that if you go to the judge and tell your story, you will get a new court date (when you can arrange deferred adjudication or some other favorable remedy). If not, it's still probably not that big a deal. But if I were you, I would at least try to fight the charge. It may be too late now, but you can still try. You would be surprised what lenience the courts will grant.
Yeah, I know for a fact that it doesnt turn up on my criminal background. I was just worried about if they pull up my driving record, its going to tell them i have a warrant.
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Old 07-03-2007, 01:40 AM   #9
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That's a good question. Certainly if a cop were to pull you over, he'd know you have a warrant. But I am almost 100% positive a check of your DPS records won't show it. You can check your DPS record online, like right now, for about $10. Not sure the URL, but you can find it.

Still and all, you can clear that warrant tomorrow, if you like. Just head down to the courthouse.
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