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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114028
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was arrested recently for the first time in my life. I am

Resolved Question:

I was arrested recently for the first time in my life. I am an elementary schoolteacher (17 years experience, 58 years old). A woman came to my house and stole my macbook computer while I was in my bedroom. She left behind a pipe and a small amount of crystal meth. I admit, I had taken a couple of hits for the first time in my life- I was experiencing extreme back pain at the time and wrongly concluded that I could get some pain relief (a bad decision, I admit). I called the police upon discovering the theft and thought I was cooperating by showing them where she left the drugs in my living room. They arrested me shortly thereafter...one misdemeanor count of public intoxication (later dropped) and a felony for possession of a controlled substance (later reduced to a misdemeanor).
My lawyer pled not guilty today and the pretrial is August 30. He has not gotten the police report yet nor the toxicology report. Am I required to report this to my school district (our union contract doesn't say anything about it, but does Ed Code require it? If I plead guilty at pretrial to a deferred entry of judgment program, can the district fire me for "pleading guilty" even if I can get an expungement in 18-36 months? Or should I fight this at a trial in order to gain acquital? I am frightened of losing my job and career. The thieves (she had an accomplice waiting in her car) got away. Yes, I admit that I was very gullible and stupid. In trying to be solution oriented, where do I go from here? Thank you.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 years ago.
If you plead guilty or are convicted then this is a ground for revocation by the board of education and it would have to be reported to them. You would not be able to get an expungement that fast on a plea or a conviction, so do not rely on that offer and until you get the expungement your license would be suspended which would require you being fired because your license would be suspended. You need to get your attorney to negotiate a better plea deal, but I am afraid that anything that is entered as a guilty plea will impact your teaching license.


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