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Author Topic: Opinion on Criminal Charge  (Read 388 times)

CCC

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Opinion on Criminal Charge
« on: December 19, 2006, 06:17:12 PM »
Hey can i get your guys opinion on this.  Is it enough or too much? I wasn't going to even report since its been expunged, but from what I hear is that you should report any and everything.


On July 27, 2004, at the age of 19, a friend and I were walking home from a friendís house. Along the way we were stopped and approached by a Corvallis police officer that proceeded to ask us for identification.  I refused, believing that I had done nothing wrong.  Feeling that I was be being harassed, I attempted to leave the scene. I was arrested and charged with a misdemeanor of interference, escape, and Minor in Possession of alcohol.  The following day, I sought the advice of an attorney. He agreed that I should not have been stopped and that the tactics used by the police amounted to profiling.  Benton County seemed to agree as the charges were quickly dropped and I never had to appear in any court.  I subsequently had the record of the arrest expunged.
   While this incident is very embarrassing, I do not believe that it is a reflection of my character or judgment.   I very much respect the work of the Police and have never had any further interaction with them.   This was an isolated event and I am sorry to have made the choices I did.  I was 19 years old at the time and have sensed matured.  I hope that this event does not change your opinion of me and does not take away from the rest of my application.

pazzo83

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Re: Opinion on Criminal Charge
« Reply #1 on: December 19, 2006, 06:19:29 PM »
Hey can i get your guys opinion on this.  Is it enough or too much?


On July 27, 2004, at the age of 19, a friend and I were walking home from a friendís house. Along the way we were stopped and approached by a Corvallis police officer that proceeded to ask us for identification.  I refused, believing that I had done nothing wrong.  Feeling that I was be being harassed, I attempted to leave the scene. I was arrested and charged with a misdemeanor of interference, escape, and Minor in Possession of alcohol.  The following day, I sought the advice of an attorney. He agreed that I should not have been stopped and that the tactics used by the police amounted to profiling.  Benton County seemed to agree as the charges were quickly dropped and I never had to appear in any court.  I subsequently had the record of the arrest expunged.
   While this incident is very embarrassing, I do not believe that it is a reflection of my character or judgment.   I very much respect the work of the Police and have never had any further interaction with them.   This was an isolated event and I am sorry to have made the choices I did.  I was 19 years old at the time and have sensed matured.  I hope that this event does not change your opinion of me and does not take away from the rest of my application.


Only if it specifically asks for charges/records that were expunged.  Other than that, I think you'd be fine leaving it off.

Reach

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Re: Opinion on Criminal Charge
« Reply #2 on: December 19, 2006, 06:25:11 PM »
Since the charges were dropped, I don't think you'll have to disclose your arrest on most of your applications (I have seen only a very few who ask about arrests rather than convictions).  If you need to use that addendum, there are a few things that should probably be fixed, the most glaring of which is "sensed" instead of "since."

pazzo83

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Re: Opinion on Criminal Charge
« Reply #3 on: December 19, 2006, 06:28:55 PM »
Since the charges were dropped, I don't think you'll have to disclose your arrest on most of your applications (I have seen only a very few who ask about arrests rather than convictions).  If you need to use that addendum, there are a few things that should probably be fixed, the most glaring of which is "sensed" instead of "since."
Agreed.  I think I've seen one or two apps ask about expunged arrests, so you'd probably need a short addendum for that but otherwise you're good to go.

'tiki

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Re: Opinion on Criminal Charge
« Reply #4 on: December 19, 2006, 06:35:36 PM »
Agreed. This might be just style but I would change "I hope that this event does not change your opinion of me" to "I hope that this event does not negatively affect your opinion of me." The adcomms don't know you so they don't have an opinion of you yet, just my 2 cents.

mumbling2myself

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Re: Opinion on Criminal Charge
« Reply #5 on: December 19, 2006, 06:57:29 PM »
It doesn't seem to me there was an unreasonable or illegal search involved. The courts have upheld the right of police officers to stop anyone and ask them for identification, especially minors, especially if it was past your curfew. Furthermore, you did attempt to leave the scene, so your being in possession of alcohol seems to me to be a reasonable thing for the officer to charge you with since he already had probable cause of suspicious behavior given your interference with the business of the police officer.

It just seems strange to me that they'd let the possession charge drop. I can see the escape and interference charges being dropped, but not the possession. Although, obviously, dropping charges on cost is always a consideration, so maybe I'm not looking at it pragmatically enough. But the prosecutor, and the court, certainly had legal basis to pursue criminal charges on all three.

How is this profiling, by the way? Because you were a minor, or because you're a minority? I think it's quite a hefty charge to make to say a police officer is guilty of profiling when they have a constitutional basis to stop you and ask you for identification under certain circumstances, and in this case, it was obviously more than justified given your alcohol possession and predisposition to disobeying a police officer's orders.

I'm not a law student yet, but I'm pretty sure you're incorrect on a few points.

He wasn't a minor, and has no curfew.  I think that the case you're thinking permitting officers to demand ID is Hibel v. Sixth Judicial District Court (with underpinnings of Terry v. Ohio), which had facts dramatically different than those posted here.  Given what's written here, the officer had no reasonable suspicion of a crime, a requirement for a Terry stop.  Without this reasonable suspicion, I don't think an officer can stop/search anyone, and anything found in an illegal search may ultimately be thrown out.

The argument that the officer's search was justified simply because it yielded results is really, really flawed.

mumbling2myself

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Re: Opinion on Criminal Charge
« Reply #6 on: December 19, 2006, 07:11:41 PM »
Also, I'd get rid of the language about 'hoping' altogether.  I'm sure the adcomms are well aware of the fact that you 'hope' they ignore negative things on your apps.

Oh, and unless you're talking about the rocking 80's band (in which case this post is way more interesting than I first assumed), I'm not sure you need to capitalize "police."