Law School Discussion

"Have you ever been arrested, charged, convicted, etc?"

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #10 on: October 09, 2007, 01:23:13 PM »
So I talked to the attorney who I originally contacted, and he told me that the case was dismissed before charges were even formally filed.  I then went to both the local county court and the municipal court, and neither had any record of any charges being filed against me.  So, basically, the only record that this even occurred is a very slim folder at my attorney's office with the carbon copy of the original citation given to me.

Now, my question is, is it at really necessary for me to disclose this incident?  There appears to be absolutely no record of it whatsoever that the C&F examiners could nail me with later.

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #11 on: October 09, 2007, 01:33:04 PM »
I spoke to a local adcomm about this issue, and she said to literally disclose EVERYTHING. Even if you think that the wording of the question means you don't have to disclose it, do it anyway. Every state bar will see a copy of your application, and if they think you failed to disclose something as a means to deceive admissions, you're screwed. I'm even disclosing seatbelt tickets, just to be on the safe side.

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #12 on: October 09, 2007, 01:46:27 PM »
You must mention any and everything. Just to be safe, I would tell about the smallest incident. It won't affect your application, especially if you weren't charged.

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #13 on: October 09, 2007, 03:01:54 PM »
We may be competing for the worst offense...lol... The best way is to be up front and honest. You made a mistake which most people do during there younger years. And the fact that you never got charged is a bonus.

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #14 on: October 09, 2007, 03:02:28 PM »
Do disclose it. One of my college friends co-worker had to go before the NJ State Supreme Court to argue why he/she should be admitted to the bar after not disclosing a traffic incident in which she was cited for running a red light. By the way, wouldn't your local PD have a record of the incident, even if charges weren't formally filed?

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #15 on: October 09, 2007, 10:09:45 PM »
I shall disclose.  I have no idea if the PD has a record of the incident.  Although, if this wasn't clear, I didn't use a public defender; I picked a lawyer out of the yellow pages at random who advertised that he did criminal work, heh.  And he does have a file about it.  I really have no idea how all this works.  I fully expected there to be a record of it at the courthouse, and was surprised that there wasn't.  Is it normal for lawyers to get charges dismissed before they're even filed?

Anyway, as for the addendum, how would you suggest writing this? Something like: "I was arrested for trespassing in 200X.  I contacted an attorney who got the charge dismissed.  I looked and there was no record of the incident at the courthouse."?

I would add some more detail, but I think that's about it.  I know sometimes it is advised that you say that you were "sorry" and "learned your lesson", but I am not at all sorry.  It was a completely bogus charge, and if the police involved in the case had had half a brain I wouldn't have been arrested in the first place.

H4CS

  • ****
  • 2445
    • View Profile
Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #16 on: October 09, 2007, 10:12:58 PM »
Do disclose it. One of my college friends co-worker had to go before the NJ State Supreme Court to argue why he/she should be admitted to the bar after not disclosing a traffic incident in which she was cited for running a red light. By the way, wouldn't your local PD have a record of the incident, even if charges weren't formally filed?

My cousin's sister's best friend's ex told me the same thing.

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #17 on: October 10, 2007, 07:55:31 AM »
I would disclose it exactly as you wrote it. If it was a bogus charge, than say that. Obviously there was a reason why they did not even file charges....

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #18 on: October 11, 2007, 06:25:25 PM »
I could use some advice on what to disclose about my background.

So, I was a wild child. I was in the wrong crowd in high school and that carried on through the beginning on college. I was arrested for DUI in 1998. I had a good lawyer and the cops messed up, so it was postponed...forever..I think it was filed away in some judges office. The next few years I was partying pretty hard but maintaining a 3.0. I got arrested again for DUI in 2002. This time I went to court and I had the usual community service, fine, 24 hour jail time, 12 months probation and dui class. I completed all the requirements but still did not learn my lesson. In May 2002 I failed a drug screen at the probation office. This apparently prompted some clerk in the judge's office to find that missing DUI case from 1998 and bring it up again. I got something in the mail stating I was going to court on it. I had the same laywer and he got the 1998 DUI dismissed because of statue of limitations. After the failed drug screen I surrendered and went into drug and alcohol rehabilitation. I have been clean and sober since May 1st, 2002. I am active in AA and have helped numerous friends enter the program.

My question is...do I need to spill this in the application? Not to mention I have a few speeding tickets to boot. The way my background reads I have a DUI from 1998 that was dismissed, a DUI from 2002 in which I was charged and a probation violation.

My life is going well now and I certainly hope my past does not come back to haunt me..any light shedding is much appreciated!!

Re: "Have you ever been arrested, charged, convicted, etc?"
« Reply #19 on: October 11, 2007, 06:50:18 PM »
I could use some advice on what to disclose about my background.

So, I was a wild child. I was in the wrong crowd in high school and that carried on through the beginning on college. I was arrested for DUI in 1998. I had a good lawyer and the cops messed up, so it was postponed...forever..I think it was filed away in some judges office. The next few years I was partying pretty hard but maintaining a 3.0. I got arrested again for DUI in 2002. This time I went to court and I had the usual community service, fine, 24 hour jail time, 12 months probation and dui class. I completed all the requirements but still did not learn my lesson. In May 2002 I failed a drug screen at the probation office. This apparently prompted some clerk in the judge's office to find that missing DUI case from 1998 and bring it up again. I got something in the mail stating I was going to court on it. I had the same laywer and he got the 1998 DUI dismissed because of statue of limitations. After the failed drug screen I surrendered and went into drug and alcohol rehabilitation. I have been clean and sober since May 1st, 2002. I am active in AA and have helped numerous friends enter the program.

My question is...do I need to spill this in the application? Not to mention I have a few speeding tickets to boot. The way my background reads I have a DUI from 1998 that was dismissed, a DUI from 2002 in which I was charged and a probation violation.

My life is going well now and I certainly hope my past does not come back to haunt me..any light shedding is much appreciated!!

Simular situation, 2 DUIs plus public intox plus underage drinking in a five year span. Longer time between sober and applying, but got into plenty of schools. Disclose everything in your addendum, talk about how it changed your life for the better, you should be fine. Good luck

Man..thanks for answering.. I was having a panic attack that I was not going to be able to get in and I would have to start all over!! Do I/we have anything to worry about when it comes to apply to the bar?

I also have a Social Work backgroud helping disadvantaged individuals, many of them drug addicts. So, I am assuming my addendum should be a page or so..?