differed adjuciation for resisting arrest

[brent0025]

What is the name of your state? TX

Alright my court appointed attorney has reached a deal with the prosecution to give me 9 months of differed adjuciation and 80 hours of community service and an anger management class. If I complete what they say I need to complete, I know it will be on my record and such as police, future prosecutors etc will be able to see this file on my record. But will an employee be able to see this when applying or accepting a job offer. I was already turned down an excellent job offer because this case came up as a pending case and could not accept the offer. The prosecutions case is very weak with no proof except for the police officers word against mine. Basically what it boils down to is that I have been working in corporate america, and they do extensive background checks. Is differed just as good as dismissed? Will this differed aduciation raise any flags when a third party background company checks my background. If so i might as well role the dice and take it to trial. Because if I cant get a high paying job because of this for the next 10 years, well then its almost like jail to me. Will a differed adjuciation free me from any messy background checks. The charge is resisting arrest....

 

[mycarlb]

once you have successfully completed your requirements, then you will go back before the court in order for the judge to decide whether to dismiss the case or not. Usually when you comply completely they dismiss the charges and you have no record.

An employer is not allowed to search "arrests" only "convictions"... so once this "pending" status is over I don't see a problem.

 

[brent0025]

Yea i got 2 days to figure out if i want to take this deal or not.. The prosecutions case is so weak with no proof or evidence, and the burden is on them to show proof. I have a court appointed attorney at the moment who has been mediacore at best.. I believe court appointed attorneys are just bargaining tools with the prosecutions and almost force feed you the prosecutions offer. A friend of mine told me that court appointed attorneys actually get paid more from the state if a deal can be struck with the prosecution as opposed to going to trial. Taking a case to trial is expensive for the state so i could see the incentive of paying a court appointed attorney more if they can stike a deal beforehand. Bottom line is I know i am not guilty of this because it never happened, but I just need to make sure it stays off my record. So i am sorta of confused, I am pretty sure if i had $3000 dollars lying around i could hire a johhny cochrane of my area and have this case be thrown out within 2 seconds...

 

[mycarlb]

Do what you want, but I would take the deal... if you never got arrested then I don't see how you were charged with resisting arrest but that's not for me to know... only you know whether the situation happened or didn't. Are you saying they arrested the wrong person? I don't get it. Anyway... resisting arrest is hard NOT to prove when the police are the ones who would testify that you did indeed resist. Even asking why you are being arrested after the officer has repeatedly asked you to place your hands behind your back is considered resisting... it's a broad scope... so I would take their offer and move on with your life... you are guaranteed it won't be on your record if you comply with their requirements...but you are playing russian roulette if you decide to fight it...

 

[Heather2]

Deferred adjudication is not as good as it seems. In Texas after you complete probation you have to wait 2 years for a misdemeanor and 5 years for a felony to file for an order of non-disclosure to get it off your record.

It doesn't just magically fall off your record like most lawyers say it does. And you either have to know alot about court or hire and attorney to help you file to paperwork and contact every company that did a background check on you to tell them they are not allowed to disclose your record anymore.

I advise you to check out this forum to see what a crock of $hit deferred adjudication is.
http://www.deferredadjudication.org/forum/phpBB2/index.php

 

[Kane]

Yea i got 2 days to figure out if i want to take this deal or not.. The prosecutions case is so weak with no proof or evidence, and the burden is on them to show proof. I have a court appointed attorney at the moment who has been mediacore at best.. I believe court appointed attorneys are just bargaining tools with the prosecutions and almost force feed you the prosecutions offer. A friend of mine told me that court appointed attorneys actually get paid more from the state if a deal can be struck with the prosecution as opposed to going to trial. Taking a case to trial is expensive for the state so i could see the incentive of paying a court appointed attorney more if they can stike a deal beforehand. Bottom line is I know i am not guilty of this because it never happened, but I just need to make sure it stays off my record. So i am sorta of confused, I am pretty sure if i had $3000 dollars lying around i could hire a johhny cochrane of my area and have this case be thrown out within 2 seconds...

If there's an eye-witness to the incident, who also happens to be a police officer, I wouldn't characterize the state's case as "weak."

I agree if there was a troop of nuns happening by, with a video camera, their case would be stronger. But short of that, a police officer's sworn testimony from the witness stand is often enough to convince a jury.

Having said that, you have a right to a trial, whether you did it or not, and if you want one, you should have it. The jury will listen to the cop, and listen to you (if you choose to testify) and then decide who to believe.

A good attorney will improve your chances, but if they decide to believe the cop, even the ghost of Johnie Cochran won't help you.

Deferred adjudication is not a conviction under Texas law.

That DOES NOT mean the records in your case will disappear. The records at the courthouse will show that you pled "no contest," and that the judge deferred a finding in the case, and put you on probation.

The state keeps those records, but they're public records, and anybody can go down to the courthouse and access them.

Once a private company goes down to the courthouse and transcribes the records onto their own database, the state no longer has control over them.

Private companies do exactly that, and then they sell the records to employers, landlords, and anyone else who'll pay for them.

Whether an employer wants to hire somebody who has had a deferred adjudication is entirely up to them. Some companies only care about convictions. Others care about arrests. Sometimes their policies change, and some companies have no policy at all.

Even if you go to trial and win, your record doesn't automatically disappear.

The court's records will still show that you were arrested and charged, and that you went to trial and were acquitted - unless and until you get an order from a District Judge specifically telling them to delete the records.

 

[Kane]

It doesn't just magically fall off your record like most lawyers say it does.

I don't believe that most lawyers say that. I think the problem is many defendants hear what they want to hear.

 

[Heather2]

I don't believe that most lawyers say that. I think the problem is many defendants hear what they want to hear.

My lawyer did. But I don't think he meant to lie, I just think he didn't know.

 

[Kane]

My lawyer did. But I don't think he meant to lie, I just think he didn't know.

Sorry.

Well, he didn't use the word "magic," did he?


Some people equate "no conviction" with "no record," which as you know, is not the case.

 

[Heather2]

Sorry.

Well, he didn't use the word "magic," did he?


Some people equate "no conviction" with "no record," which as you know, is not the case.

No he didn't use the word magic. He just said I would not have a record after I completed probation.

 

[brent0025]

Only an expungement is a wiped clearly off your record but the only way that happens in texas is if you are found not guilty in court. To further complicate the process you would think an automatic expungement would take place after a not guilty verdict is read. The answer is no, often times lawyers will then charge an additional couple thousand to get it off your record permanetely like it never happened which is what an expungement is..

I have noticed more and more job applications ask you if you have ever been arrested for a felony or midsmeanor and not asking if you have been convicted in a court of law or have been found guilty.

I talked with my court appointed attorney today and he said this is what will happen. I will have to plead guilty to take the differed adjuciation, then for the duration of 9 months I will have a guilty box checked. Which is basically ammo for the prosecution if I fail to meet my requirements. After the 9 month duration of meeting my requirements the guilty plea goes away and a DA dismissal goes on my record.

I dont fully trust my court appointed attorney so if anyone knows if he is blowing smoke please tell me... Oh and the original reason that led to the resisting arrest is public intoxication....

 

[Heather2]

I talked with my court appointed attorney today and he said this is what will happen. I will have to plead guilty to take the differed adjuciation, then for the duration of 9 months I will have a guilty box checked. Which is basically ammo for the prosecution if I fail to meet my requirements. After the 9 month duration of meeting my requirements the guilty plea goes away and a DA dismissal goes on my record.

I dont fully trust my court appointed attorney so if anyone knows if he is blowing smoke please tell me... Oh and the original reason that led to the resisting arrest is public intoxication....

Re-read my post. With deferred adjudication your record will not disappear when you complete probation. You have to wait 5 years after you complete probation and then file for an order of non-disclosure to get the conviction off your record.

For a couple of helpful sites Happy Trails gave me, take a look at my thread.
https://forum.freeadvice.com/showthread.php?t=276832

 

[brent0025]

I just found this website that fully explains what DA is... If what this website is saying is true I am going to get a loan from the bank and cough of 3 thousand for a real attorney... http://www.tajlr.com/gpage.html .... there is the link. Yikes in texas a DA might as well be a conviction according to that website..

Somebody had posted earlier whether a second police officer showed up or not and there was, the answer is yes...But a police officer could say the sky is going to be green tomorrow and that doesnt necessarily make it so...

Basically i was standing outside of a bar and waiting for my ride to pick me up because I had one too many... A police officer approached me and noticed I was under the influence of alcohol. I told him I had a ride and in good faith i was doing the right thing by not driving and calling someone. He said well forget about your friends ride I will give u a ride to jail for public intoxication. I will label him as the ******* cop. His partner argued with him, he is labeled as the good cop, the good cop said go ahead and let him go he has a ride to come pick him up. Well the good cop left and the ******* cop wandered off into the distance, but did not leave the scene. 20 minutes went by and I was still waiting for my ride, he said he lost is patience waiting for my ride and hancuffed me and put me in the back of the police car. The good cop pulls up in his vehicle and they have a chat while i am in the back of the police officers car. The ******* cop then opens the car door and he lets me get out of the vehicle, I am thinking that the good cop as convinced him to let me go. As I am standing outside of the police officer's car i am speaking with the good cop. I then noticed my car being droven through the parking lot and then ask him why. He said because you are going to jail and your car is being towed... A second later I am tackled to the ground from behind completely blindsided by the ******* cop and he started shoving and pushing me on the ground. I am tackled and thrown to the ground while i was in handcuffs and standing still talking to the good cop. End of story and thrown into the cop car... Nothing is on police video it is all audio, i have seen the tape it stares straight at the bar's parking lot and never once shows me, you can only hear me and the police officer.