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I would like a phone consultation regarding employment and criminal law. In 2005 I was arrested for Petty theft in North Hollywood, CA. I have since become a successful banker, and would like to continue my path. However, I am confused by the question of, "have you ever been convicted or entered a pre-trial diversion...". Much Obliged, Christian
Submitted: 15 days and 4 hours ago.
Category: Legal
Value: $28
Status: AWAITING CUSTOMER ACTION
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State/Country relating to Question: California
Already Tried:
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Posted by
RunTam38 CA lawyer
15 days and 4 hours ago.
Info Request
Hello Christian and welcome to JustAnswer.
The JA Expert agreement prohibits telephone contact by experts with customers and we can respond to questions only here on the site.
What was the result of your arrest? Were you charged? If so, were you convicted or was the case diverted under Penal Code section 1001? Or was there some other disposition?
How you would have to respond to that question depends on exactly how your case was resolved in court. Let me know and I'll give you an appropriate response.
Edited by RunTam38 CA lawyer on 11/5/2009 at 11:18 PM
15 days and 4 hours ago.
Reply
I believe my case was dismissed, but I don't know. That's why I'm asking.
The only record of my arrest is a "letter of detention," from the LAPD.
There is no record on file from the courts as far as I know.
Now I'm in Colorado and I don't know how to answer question such as, "
Have you entered into a pretrial diversion since 1990 for any crime involving dishonesty, breach of trust, or money laundering? (see examples in question above)
A pretrial diversion program is any program that results in dismissal of charges upon satisfaction of conditions such as paying restitution or fines, having no similar offenses for a specified time, performing community service, completing rehabilitation or treatment programs, satisfying probation, etc. This includes a stay of adjudication, suspended imposition of sentence, deferred adjudication, deferred prosecution, first time offender programs, or other similar programs. Answer 'yes' even if you were told the offense would not appear on your record after you completed the program."
I was asked about the detainment and I quit.
Posted by
RunTam38 CA lawyer
15 days and 3 hours ago.
Answer
Okay, Christian, if the case was never filed and there was no court proceeding (which appears to be the case, based on what you said here), then you can answer the question about pretrial diversion "no".
Diversion under PC 1001 would have required you to go to court, plead not guilty, be placed in diversion by the court and ordered to fulfill a number of obligations (including, most likely, counselling and community service). And then, you would have been required to submit proof to the court before your case was dismissed.
It sounds as if what happened in your case was that you were detained, but charges were not filed (that's the reason for the "detention" letter from LAPD). A detention is not considered an arrest. Since no charges were ever filed, this would not even be considered a "dismissal", there being no charges to dismiss.
Therefore, from what you have said, it appears that you can truthfully say you have never been in a pretrial diversion program.
15 days and 3 hours ago.
Reply
Does this apply to CA only? I'm currenty in CO. Does that change things at all?
Posted by
RunTam38 CA lawyer
15 days and 3 hours ago.
Answer
I noticed that you were in Colorado, Christian, and no that doesn't change anything. The language of the question itself determines how you have to answer it. If you did not do PC 1001 diversion in California, then you can answer that question "no".
Detention not considered an arrest, by the way, would not be characterized as a pretrial diversion program under Colorado law, either, so you are okay saying "no" regardless of which law they want to apply.
15 days and 2 hours ago.
Reply
Jim,
Thank you for your clarity and professionalism. I will happily tip you.
I have one more quesiton.
If my employer asks based off of fingerprints (which is where I ran into problems), and my detainment is revealed. How do I answer? i.e. "We see that you were detained for PC 484 (A) Theft (M) could you please explain?"
If I can, I would love to send you the letter I recieved from the LAPD in PDF format.
Thanks a million!
Christian
Posted by
RunTam38 CA lawyer
15 days and 2 hours ago.
Answer
You're welcome, Christian, I'm happy to have been able to help.
Were you actually booked at the time of the arrest or simply cited and released? If the latter, your fingerprints would not be on record at LAPD.
How you might want to respond to a follow up question such as you have posed may depend on exactly what the detainment letter says. There is no way to send the letter to me; however, if you can convert the pdf into one of the formats which can be posted here, you could do that (you should black out any personal identity information before converting the file). There are several ways you can make a pdf into a JPEG, GIF or PNG, which are the formats that can be posted here.
You should also be able to open the pdf in Adobe Reader, then block and copy the text you want to post, then paste it here.
Failing either of the foregoing, you could simply type the pertinent text into your question box.
15 days and 2 hours ago.
Reply
Here is the typed version, sorry:
Arrest Date: 8/31/2005
Arrest Charge: PC 484(A) - Theft (M)
Release Date: 9/1/2005
Release Reason: Prosecutor Prefiling Deferral
No Case Filing Information Foung In Los Angeles County
I hope this helps.
Christian
Accepted Answer
Hello again Christian. I have been away for awhile.
Given that information, your should respond to any question about the incident by saying something to the effect of:
"I was detained, not arrested, and the Los Angeles County District Attorney chose not to file any criminal charges. Under California law, this does not constitute an arrest and I can lawfully say that I was not arrested."
Once again, good luck with this situation.
Expert:
RunTam38 CA lawyer
Pos. Feedback:
99.4 %
Accepts:
Answered:
11/6/2009
Attorney
California lawyer 33 years, including criminal & business law, PI and general litigation.
14 days and 10 hours ago.
Reply
Thanks a million!
7 days and 10 hours ago.
Reply
For RunTam38
If possible I'd like to hire you. Is there a way I can do that or contact you directly?
Thanks.
Posted by
RunTam38 CA lawyer
7 days and 5 hours ago.
Answer
Christian,
I appreciate the confidence expressed in your desire to retain me. However, the JA Expert Agreement under which we provide services here prohibits us from having off-site contact with JA customers.
You can find an attorney to represent you by contacting your local county bar association in Colorado. You can find a California lawyer to represent you by contacting the LA county bar association lawyer referral service through their webpage at:
http://www.smartlaw.org/
Or through the California State Bar attorney search page at:
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10114
Thanks again for asking your question here on JustAnswer and good luck resolving this issue.
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