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Misdemeanor? Please Advise! Criminal Records, Expungement

Discussion in 'Criminal Records, Expungement' started by kcblazin, May 25, 2005.

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  1. May 25, 2005 #1
    kcblazin

    kcblazin Law Topic Starter New Member

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    My friend and I were dumb enough (and bored) to go egg some cars one night. After that was over one of us decide to through a random egg out the window of the car and see what happens. Well apparently it hit an oncoming car and made a small crack in the windshield. Sounds like a miracle to me. Anyway they called the police and we were arrested and booked. They gave us two tickets each, identical. One was for littering ( I guess for the eggs on the ground) and one for property damge to the car that we hit. We were very cooperative with the police, and both of us have zero criminal record. Should we hire a personal lawyer and deal with that, or just show up for the court date. What should our course of action be? Thank you soo much!
     
    kcblazin, May 25, 2005
    kcblazin, May 25, 2005
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  2. May 25, 2005 #2
    cmlzip

    cmlzip New Member

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    If you hire a lawyer for this little run in, I'll go to your house and slap some sense into you. When you get to court you'll just have to pay a fine for the littering and a fine for the damage to property (probably just to fix the guy's windshield). And he'll likely put you on 1 year or 6 months unsupervised probation, depending on your age that is. and if you are under 26 years old, you'll likely get about 64 hours of community service.
     
    cmlzip, May 25, 2005
    cmlzip, May 25, 2005
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  3. May 25, 2005 #3
    kcblazin

    kcblazin Law Topic Starter New Member

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    Haha thanks man, thats a relief, should I not worry about getting it taken off my record "expunged" or something like that. I don't want it showing up on background checks and ruining my job applications. Yes I am under 26.
     
    kcblazin, May 25, 2005
    kcblazin, May 25, 2005
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  4. May 25, 2005 #4
    cmlzip

    cmlzip New Member

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    If you're under 26, then the judge will almost certainly give you community service to teach you a lesson. If you apply at a major chain or corporation, it's now in most policies to do a background check on you. If they see that you were charged with a crime at this recent date that you are applying for work (time frame means a lot when companies look at your record), then they're very likely not going to hire you. Because why hire a person with a record when you can just wait and hire a trouble free person (even though you may have changed or be a great person with a mistake or two). So, if you want it gone, you'll have to file an expungement or get your record sealed.
     
    cmlzip, May 25, 2005
    cmlzip, May 25, 2005
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  5. Jul 17, 2005 #5
    kcblazin

    kcblazin Law Topic Starter New Member

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    Update

    Well I went to the court date, without hiring a lawyer. Well apparently the guy who's windshield we broke hired a lawyer, so when we went up to the podium the judge said something like, "check if the prosecuter is asking for jail time" then the person came back and said that they were. Now I'm really confused. I know the guy is being a jerk, but I didn't know I could go to jail for this. Now do I have to hire a lawyer? I don't have much money though. Advise please! Thanks!
     
    kcblazin, Jul 17, 2005
    kcblazin, Jul 17, 2005
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  6. Jul 17, 2005 #6
    NYClex

    NYClex New Member

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    Well, throwing an object at a moviing car can lead to disastrous consequences and get people killed. As a prosecutor I, too, would definitely ask for jail time.

    Since you now know that you might be facing jail time I would get an attorney.
     
    NYClex, Jul 17, 2005
    NYClex, Jul 17, 2005
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  7. Jul 17, 2005 #7
    kcblazin

    kcblazin Law Topic Starter New Member

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    Thats disturbing, do you think that being in college, and if jail time was administered, I would have to drop out, would be an influencing factor, also having a 40hr a week job I would have to quit?
     
    kcblazin, Jul 17, 2005
    kcblazin, Jul 17, 2005
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  8. Jul 18, 2005 #8
    NYClex

    NYClex New Member

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    well, jail time being requested and actually getting jail time are two different things. If your record is clear otherwise you most probably would not go to jail but get a suspended sentence or something similar. Of course, you would have a criminal record with its typical consequences as to workplaces.
     
    NYClex, Jul 18, 2005
    NYClex, Jul 18, 2005
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  9. Jul 19, 2005 #9
    kcblazin

    kcblazin Law Topic Starter New Member

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    Thanks for your responses! About how long do I have to wait before I can get this bothersome charge expunged from my record?
     
    kcblazin, Jul 19, 2005
    kcblazin, Jul 19, 2005
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