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Author Topic: Continued without a finding  (Read 2410 times)

Anonymous_One

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Continued without a finding
« on: January 20, 2004, 02:34:02 PM »
OK, so here's the question.  I was arrested a few times during my undergraduate career, however all of those arrests turned into cases with a disposition of "continued without a finding" (the typical youthful offenders diversion program, pay a fine, be a good boy for a period of time and the charges are dismissed)

Now, the law schools I am applying to ask the following question in regards to criminal record:
Have you ever been convicted of, plead guilty or nolo contendere for a violation of any law (other than parking violations)?

Now I don't think I have been convicted, plead guilty or nolo contendere in any of the aforementioned cases, so how should I answer this question?  I think the key question here is if I have been convicted which I don't believe I have.

Cheers,
Anon

tgarrido

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Re: Continued without a finding
« Reply #1 on: January 25, 2004, 04:34:30 AM »
You need to know what's on your record officially.  Once you know that, someone can help you answer that question.

If there's nothing on your record, you then you don't have to admit it on your application. 

However, to meet the character and moral turpitude requirements of taking the Bar exam is a different story.  What's not on your record may be considered.  The investigation is more thorough.  I'd say your bigger concern is the nature of the infractions and how that will affect your ability to take the Bar exam where you intend to practice.

bobfett33

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Re: Continued without a finding
« Reply #2 on: January 26, 2004, 11:44:53 PM »
To anonymous one: If the question is about whether you've ever plead guilty, nolo contendre or been convicted of a crime, you're probably in good shape (at least in terms of answering the question).

All you have to do is ask yourself a few questions:

Have you ever been actually charged with a crime, or just investigated?  If you've never been officially charged with anything, then you've never entered a plea or been found guilty.

If you have been charged, as long as you pleaded not guilty and were not found guilty, you're fine.  So, what's the story?

Anonymous_One

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Re: Continued without a finding
« Reply #3 on: January 27, 2004, 02:37:46 PM »
Well, since I was in court for these offenses, I would assume that I was at least charged with them.  However, I never entered a plea for any of them.  All of the charges are fairly minor.  They are as follows:

1. (6 years ago) Driving on Suspended (Suspended for unpaid parking tickets) - Misdemeanor - Dismissed on proof of license reinstatement
2. (3 years ago) Posession of Marijuana - Misdemeanor - CWOF/Dismissed
3. (3 years ago) Posession of Marijuana - Misdemeanor - CWOF/Dismissed
4. (3 years ago) OUI Liquor 1st offense - Misdemeanor - CWOF/Dismissed

In all of these cases, the judge never asked me to enter a specific plea (ie how do you plead?), but a deal was worked out with the prosecutor during initial hearing such that the charges would be continued without a finding for a period of time, which means that if I wasn't arrested or charged with anything else during that period of time, the charges would be dropped...

As such, I don't think I have to answer yes to that specific question on the law school application, but I am fully aware that when it comes time for the Bar and consideration therefor, these offenses may come into play.  I have documentation saying that all were dismissed after their period of time.

lawstudent2004

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Re: Continued without a finding
« Reply #4 on: January 28, 2004, 03:40:07 PM »
You were probably given defferred adjudication.  I have also received defferred adjudication for some offenses.  If that is the case then you must include in application.  I thought that the charges would disappear but they never did.  Go to the county courthouse in the county of the offense and ask for a criminal history report.