C&F doubt

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ihatenumbers
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C&F doubt

Postby ihatenumbers » Wed Dec 06, 2017 11:43 am

Hi all,

A couple of months ago I was charged with a class 1 misdemeanor for damage to private property < $1000 in VA. It was way too much for how minor the incident actually was. The judge recognized this and dismissed the case with no fine or conviction. I am currently in the process of expunging the record, but I'm wondering how or if I should address this in my application.

Thanks for your replies!

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FN-2187
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Re: C&F doubt

Postby FN-2187 » Wed Dec 06, 2017 11:53 am

Were you arrested?

In some C&F questions, they only ask for convictions. In others that ask for any kind of misdemeanor disclosure, I recommend you details the facts and the Judge's decision—nothing complicated.

ihatenumbers
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Joined: Wed Nov 15, 2017 11:48 am

Re: C&F doubt

Postby ihatenumbers » Wed Dec 06, 2017 12:01 pm

FN-2187 wrote:Were you arrested?

In some C&F questions, they only ask for convictions. In others that ask for any kind of misdemeanor disclosure, I recommend you details the facts and the Judge's decision—nothing complicated.


I was released with a summons, literally just talked to the officer and he let me walk away.

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FN-2187
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Re: C&F doubt

Postby FN-2187 » Wed Dec 06, 2017 1:04 pm

So, back to your questions.

Should you address this in your application?
The answer will almost always be yes and you will address it in the C&F portion of the application. The C&F language varies from school to school; some are VERY broad and others only ask for convictions or felonies. In a question that asks you if you've ever been convicted, you can answer honestly that you were not. On to the next section. However, the majority of C&F language covers a range of issues, from traffic tickets to felonies. In the majority of C&F questions, you will have to disclose because of the arrest and the misdemeanor. By the way, "released with a summons" means that you were arrested and subsequently "released with a summons." Even if you did not spend time in jail, or in the back of a cop car, or if "literally" you just talked to the officer and then he let you walk away—it's still an arrest.

How do you address this in your application?
Simple, state the facts—what happened, location, jurisdiction, the charges, the result, etc. C&F is just practicing honesty, nothing scary about it. Now, don't make the common mistake of trying to downplay the incident. You don't have to explain that "way too much for how minor the incident actually was." Let the facts to the explaining, not your opinions.

Don't let this freak you out, just be honest and don't sugar coat things. I would categorize this as a minor C&F issue.

ihatenumbers
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Joined: Wed Nov 15, 2017 11:48 am

Re: C&F doubt

Postby ihatenumbers » Wed Dec 06, 2017 1:14 pm

Thank you for your thorough reply, I'll make sure to mention it as you explained.

albanach
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Re: C&F doubt

Postby albanach » Wed Dec 06, 2017 1:21 pm

ihatenumbers wrote:Hi all,

A couple of months ago I was charged with a class 1 misdemeanor for damage to private property < $1000 in VA. It was way too much for how minor the incident actually was. The judge recognized this and dismissed the case with no fine or conviction. I am currently in the process of expunging the record, but I'm wondering how or if I should address this in my application.

Thanks for your replies!


Was this something that we'd typically consider an accident? Like you missed your driveway and knocked down a neighbor's fence? I think C&F consequences from that (if properly declared) would be unusual and unlikely.

Or was this something we'd consider more deliberate? You threw a rock through the neighbor's window? That could certainly lead to more inquiry from C&F.

As was suggested above, you need to disclose and not underplay. The nature of the event will most likely determine the consequences.

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rpupkin
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Re: C&F doubt

Postby rpupkin » Wed Dec 06, 2017 1:38 pm

albanach wrote:
Was this something that we'd typically consider an accident? Like you missed your driveway and knocked down a neighbor's fence?

Ordinary accidents aren't criminal. Apparently, a police officer and a prosecutor believed that OP's conduct was intentional (or at least criminally negligent). If, as seems likely, OP did something dumb, he should explain what the dumb thing was and apologize for it.

albanach
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Re: C&F doubt

Postby albanach » Wed Dec 06, 2017 2:25 pm

rpupkin wrote:
albanach wrote:
Was this something that we'd typically consider an accident? Like you missed your driveway and knocked down a neighbor's fence?

Ordinary accidents aren't criminal. Apparently, a police officer and a prosecutor believed that OP's conduct was intentional (or at least criminally negligent). If, as seems likely, OP did something dumb, he should explain what the dumb thing was and apologize for it.


Indeed, but a car "accident" is frequently not accidental - you're supposed to be in control of your vehicle. So when you rear end someone as a result of driving too close, you're intent is a logical consequence of you driving too close, even if you never meant to hit the car in front.

A charge stemming from an accident that resulted in property damage wouldn't be at all unusual. Having no idea what the state was, it's certainly possible the case arose from something explainable like that. And if insurance has taken care of stuff and made everyone whole, it's also the type of thing that might get dismissed as alluded to by the OP.

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rpupkin
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Re: C&F doubt

Postby rpupkin » Wed Dec 06, 2017 2:50 pm

albanach wrote:
rpupkin wrote:
albanach wrote:
Was this something that we'd typically consider an accident? Like you missed your driveway and knocked down a neighbor's fence?

Ordinary accidents aren't criminal. Apparently, a police officer and a prosecutor believed that OP's conduct was intentional (or at least criminally negligent). If, as seems likely, OP did something dumb, he should explain what the dumb thing was and apologize for it.

A charge stemming from an accident that resulted in property damage wouldn't be at all unusual.

It wouldn't be? This is not my area of law, so I'll defer to others with more experience. But just to take the example you used--missing a driveway and knocking down a neighbor's fence--I wouldn't think that such an accident would often result in criminal prosecution. A civil suit, sure. And maybe a call to the police by an angry neighbor. But why would the state have an interest in framing the accident as a criminal misdemeanor?




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