Felony Charges Pending Against me......

[redberon2003]

I'm in a Very very big pickle now........I sincerely hope nobody's going to mock this issue as is so frequently done since the Dream of my life may be coming to a very abrupt halt. so a week ago I got beat the **** out of by my step-dad. I'm already on diversion, almost have my PPL, and the Misdemeanor already against me will soon be Expunged. when my step-dad did that I called 911 and he was Arrested and charged with 3rd degree Assault on a Minor. playing a Tit for Tat game he called the sheriffs office yesterday and placed charges for something done quite a while ago, parents where gone me and some friends needed money so we got some checks and went to the local grocery store.......Forgery is a Felon, the Catch is I didn't actually write the checks....I walked them in. any Forensic could see my handwriting is so poor that it would take me months to Forge about any signature. with this felony against me where do I stand to be a Pilot? can i still be a Flight instructor? god knows all i want to do is fly airplanes. alternatively am I really liable for the charges? or god forbid can I rat my Drug addicted Check forging friend out who did it, and be off the hook?. really need help from the people who have a bit more wisdom, thanks.

btw.....I'm 17

[EchoMike]

Hate to tell you, but you're going to need some good legal advice - lawyer time!

It may cost you some money, but it will be worth it to clean up all this stuff and whatever happened in the past (or may not have happened).

I gather you're in the US ("Colorado" in the sig line) - I do know that as a minor, a lot of this stuff can potentially go away as soon as you turn 21, but it is NOT automatic, you WILL need a lawyer to resolve the issues and hopefully get the records expunged.

You'll also need to talk to the FAA about the effect of misdemeanors and felonies on your eligibility for a pilot's license - get a copy of the FAR/AIM and look it up there.

My wife IS a lawyer (I'm not) and I hear a lot of these things, young people are often in all kinds of legal difficulties of various degrees of seriousness - many of these problems are resolvable with proper legal advice, and many of them later turn out not to be problems at all.

Get a lawyer, explain the ENTIRE situation, listen carefully to the answers. If you don't like the answers or the price is too high, get another lawyer - fees vary widely, as does competence. If you have a Lawyer's Referral Service where you are, get them to recommend a lawyer to you. Since you're 17, you probably don't have deep pockets (yet) and they need to know that, too.

Above all, when you talk to your lawyer - TELL THE TRUTH even if it hurts and DON'T "FORGET" ANYTHING - lawyers hate surprises and hate getting blind-sided in court or in front of the judge when their client was not forthcoming and omitted some crucial bit of information.

Best of luck, hang on to the dream and make it happen!

Echo Mike

[redberon2003]

yeah, shoulda mentioned it before but unless you have a Lawyer who works for a Grand or less.........(doesn't happen) the Public Deffender is my only Lawyer. that's why i came here

[kwachon]

any Forensic could see my handwriting is so poor that it would take me months to Forge about any signature.


§ 61.103 Eligibility requirements: General.

To be eligible for a private pilot certificate, a person must:
(a) Be at least 17 years of age for a rating in other than a glider or balloon.
(b) Be at least 16 years of age for a rating in a glider or balloon.
(c) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, then the Administrator may place such operating limitations on that applicant's pilot certificate as are necessary for the safe operation of the aircraft.



Check item c

Hope that improves before you become a pilot.

[redberon2003]

My handwriting is poor but I can still write down any information i need and use my Kneeboard regularly. thanks for the useless post. if you're going to forge a signature it has to be similar to the signature forged or else nobody believes it (generally). So I can't forge a Signature. But I can Write speak read and am Fluent in english

[EchoMike]

"my Drug addicted Check forging friend out who did it,"


You might also want to consider crossing this loser off your "friends" list.


Some day he might ask you to fly him and a suitcase on a short trip across the border into Mexico . . . and then you'll have a REAL problem when the contents of the suitcase become known to law enforcement on either side of said border. The fact that "he did it, I'm just the pilot" isn't going to help you a bit or shorten your residency in prison by one minute.


Seriously, this guy sounds like a bad influence, and HE is putting YOUR future at stake with his own stupidity. Get rid of him NOW.

Echo Mike

[cwatters]

Talk to your mum?

[redberon2003]

He's already off my friends list. stopped talking to him a month and a half ago.

edit: yes i've talked to her, she can't afford the lawyer and Neither can I. I'm just looking for information on what might happen from here, supposedly we will be getting a call from an "Investigator" monday or tuesday who will decide weather or not to procede with the charges. from there a DA determines if it's worth their time and if it is a Court date is set and I'm served Papers.

[preduk]

Speak to your Public Defender... I don't know how the US Legal system works (only the UK) but these defenders are usually normal lawyers who are paid by the government under a system called legal aid.

Sorry, but most people here are pilots not lawyers. You would be best speaking to a few lawyers regarding this.

[EchoMike]

Welcome to the Alice-in-Wonderland "juvenile justice" system.

You'll want to make a (very) good impression on whoever you speak to or meet with - appearances count for a LOT here, they have a stack of papers that claim you're a bad guy, you have to have more credibility.

This is going to sound awful, but it is intended to "present" you in the best possible light . . . think haircut, leather shoes (not athletic shoes), no facial hair (well, I'm screwed, but then again, I'm 61 and can claim to look distinguished), NO BLUE JEANS, wear chinos instead, if you have any tattoos on your arms, wear a long sleeve shirt, practice saying "sir" and "ma'm" a lot, don't slouch, smoke or chew gum. Turn off the cell phone. If you have a tongue stud or earring, leave it (or them) home.

I'm not being judgmental here, what you wear is your own business, but the legal system IS going to be judgmental, and the first thing they will do is look you over as you walk in the door. The goal here is for you to look RESPECTABLE, to look like a NICE, WHOLESOME kid who just got into a bit of difficulty by accidentally being in the wrong place at the wrong time.

I know this is a case of ass-kissing, but these people are in a position to materially affect your future, and your goal is to make the best possible impression on them. You want the judge to take you home to meet his daughter . . . (later you can show HER the tattoos, or whatever else she wants to see).

There are some pretty good Public Defenders out there, so just because you have a PD instead of a hired high price lawyer is not a reason for despair. You can pay a lot of money on the "outside" and get little in return. Many PDs really do a good job and will work hard for you.

Remember this - the job of the PD is not to "get you off", but to insure that you get a fair trial (if it even goes that far). PDs tend to be pretty busy, so if they can strike a plea agreement of some kind for you (50 hours of community service, promise to be good, matter expunged after a year), they will - less work for everyone and keeps you out of court - which is where you want to not be anyway.

Again, remember FULL DISCLOSURE to the PD, and don't forget to tell him/her that you have a GOAL ("I want to be a pilot for an airline.") because now you're not just some punk who will be back in front of the judge again next week for more of the same - you're looking towards your FUTURE, and they like to hear that.

And see if you can relax a little over the weekend - they can't cook you and eat you . . .

Best Regards,

Echo Mike

[wbryce]

Bite the bullet and discuss the issues with your step dad and consider dropping the charges against him if he drops his. Its not a contest to see who can :mad: up each others lifes. It may not be what you want to do but it achieves the best result for you. I'm assuming this can be done in what ever legal system your being dragged through.

[redberon2003]

Like the last person said Bryce. If i could drop the charges on my step dad and he could drop the charges on me. I would, he's an R.N. and i have a feeling Having Assault on a Minor in your record will seriously prevent you from continuing to do your practice. when the Sheriff/Police officer asks do you want to press charges, if you say yes there's no turning back the legal process has begun and it's not in the persons who pressed the charges power to pull them back out. it's up to the DA/Investigator weather or not the case will be pursued........Jefferson County has lots of rich people and yuppys so if there's something for the DA to waste there time on they do it. unlike in california (used to live there) where if you batter someone you get a ticket and pay a fine or two because they don't have the time to pursue it.

[EchoMike]

Wbryce -

Doesn't work like that here (unfortunately). Person makes a complaint, state decides whether or not to act on it, and if they do, the state files the charges. Even if the person subsequently withdraws the complaint, the state can and may still act on the charge.

Example - someone gives you a bad check, you complain to the state, the state charges the someone with issuing a false instrument. Even if he pays you back (because he doesn't want to go to jail), the charge of issuing the false instrument still stands, and the state can (and usually does) proceed with prosecution and put him away.

(Of course it can't hurt if RB2003 AND his step-dad show up together in court, looking very mutually supporting . . . )

RB2003 really needs to talk to the PD at this point and get the correct legal advice for his jurisdiction. The best thing we can do is wish him well.

Best Regards,

Echo Mike

[Keygrip]

You an AOPA member?

AOPA legal services? Ask them anyway - worst they can say is "Go Away".

[mason]

first of all you can do anything you put your mind to in life no matter what the circumstances ,but a bit of advice choose your friends wisely you obviously havent put much thought into this so far but its understandable as your young.control your temper think about the result and consequences of your actions before you take them .
when your in court or up against whoever your go up against let them know your ambitions and tell them you need a second chance speak clearly and dress smart .
and make your peace with your step dad
step your character up a gear .
good luck

[Adios]

Having a bastard of a stepfather myself, I have some degree of sympathy. On the other hand, it sounds like you knew exactly what you were doing when you cashed the forged check, even if you didn't forge it. Ratting out the forger is not going to get you off the hook if he testifies that you stole the cheque book, watched him forge the signature, maybe even furnished sample signatures and then cashed the forged cheque.

Was it your stepfather's cheque? Was the forged cheque made out to yourself? If so, what will you tell as to why the cheque was paid to you by your stepfather?

You may be able to get past this, but it kind of irks me that you are not fully owning up to what you did. The cheque forgery might even go some way as to explaining why your stepfather was so angry at you in the first place, though he certainly was not justified assaulting you.

Frankly, I don't think you are yet mature enough to be responsible for a $50 million dollar airplane and 200-300 lives and it's sort of sad to see everybody here focusing in on advising you how to get off the hook instead of telling you to take your lumps and play the man. Character counts more than anything else in professional aviation, so confess your part in the crime, plea bargain to a misdemeanor if you can and live with the consequences, even if that means a different career path.

There are only two paths that will enable you to go forward without wondering when this will come back to haunt you; charge and acquittal or plea bargaining to a non-felony. Pointing the finger elsewhere will always leave you vulnerable to the truth coming out later.

There is no God given right or anyone to become an airline pilot just because they want to be one, so grow up and face the consequences of your poor decision like a man. Nobody here desires to see you suffer needlessly for the rest of your life for a youthful indiscretion, but I think the focus here should be on salvaging your character before your career aspirations. I think the cleansing of confession is better than whitewashing the dirty bits and blaming it on someone else. Telling the truth now will free you and you won't have to worry the rest of your life that the truth might come out later and ruin you. Who knows, it might even open a door for some reconciliation with your stepfather and give your mother a bit of hope as well.

[Adios]

Wilky,

I don't think an FAA or JAA examiner is going to examine a license candidate's grammar to the point of seeing whether they use "who did it" when they should use "that did it." Cut the young man some slack on his grammar, as it is much less important than the character issues he is wrestling with.

[wilky]

Adios,

I was not having a go at the lad, if you take the time to read a few posts up, (see kwachons post) someone commented on his english, the guy thought he meant his hand writing, I was simply explaining that he wasn't meaning that....weeeesh:ugh: you're more touchy than him.

[radicalrabit]

but you english :ok: extract that someone is bound to pick up on..?

ok Just being a grouch cos I cant fly for now... grrrrr

[Adios]

Wilky,

I read the entire thread before replying. I understood exactly what you meant, but I didn't read it as if Kwachon was having a go at his grammar, as you did. I think Kwachon was referring to the lad's ability to write legibly, while not understanding that RedBeron2003 was simply saying he can't write well enough to forge something.

I suggest we let Kwachon explain what he meant if he cares to, so we don't drift miles off topic here.

[TelBoy]

Back to the point. When you go for an FAA medical you need to complete form 8500-8, either at the AME office or online via the FAA website. This form asks about Criminal and Driving convictions. From what I undestand the FAA can refuse a medical because of your record and thus ground you. On the bright side for you I have heard that many people with serious convictions get through OK.

Another thing to consider is if future employers might do a criminal record check on you. In the UK to get an airside pass you will need a criminal record check - although you "might" still be able to get the pass, your employer will then see the conviction, I'm again not sure how this applies to the US.

If all goes against you, consider a JAA European licence. In the UK you are NOT asked about criminal convictions and in fact it is possible to be banned from driving for say drink driving (a criminal offence in the UK) and still fly legally - something that you could not (and rightly so) do in the US.

Seems like you have a lot to sort out in your life and I wish you all the best. Don't let anybody put you off and work hard to make your dream come true.