Indictment

[lndshark]

What is the name of your state? Idaho

Hi all real quick and easy question. I was arrested in August 04, the day I was supposed to get a court date the charge was dismissed via motion of the prosecutor. Was I ever indicted?

I'm trying to figure out the legal defination of that word an am having trouble.

Thanks,

brian

[ENASNI]

[url]http://en.wikipedia.org/wiki/Indictment[/url]

When did we become a research forum?


I would dang well know if I had been indicted, unless it was in those early college years.

[lndshark]

Sorry if this wasn't the right forum to ask this questions on.

I am looking at a statue that uses the language "indicted" and I have looked up several definations and can't figure out if I was technically "indicted" or not.

Anyway, not to split hairs, but research is what most people who pose quesions on this forum are doing. Researching their situation, which is what I was doing.

I know I'm a newbie, so go ahead and shout me down, tell me how stupid I am, etc. etc. etc. but I don't think you needed to be rude.

[ENASNI]

Originally Posted by lndshark

I am looking at a statue that uses the language "indicted" and I have looked up several definations and can't figure out if I was technically "indicted" or not.

Anyway, not to split hairs, but research is what most people who pose quesions on this forum are doing. Researching their situation, which is what I was doing.

I know I'm a newbie, so go ahead and shout me down, tell me how stupid I am, etc. etc. etc. but I don't think you needed to be rude.

Are you that Crazy shark, or a harmless Dolphin? Look You don't know from Rude. There is Rude and there is ENASNI.

Sorry if this wasn't the right forum to ask this questions on.

You asked a question and I asked a question.

When did we become a research forum?

Do you remember your original question?

I'm trying to figure out the legal defination of that word an am having trouble

Now you are saying something different.

I am looking at a statue that uses the language "indicted" and I have looked up several definations and can't figure out if I was technically "indicted" or not.

What is it a statue of? If it is abstract piece of art I might have a problem too, but if it is an animal or a person I might be able to help.

Only joshing you, What is the Statute? A lot of people have a problem with legalese.

[fairisfair]

Did you go before a Grand Jury? Did you go before a Judge or Magistrate who determined that there was sufficient evidence to bind you over for trial? If the answer is no, then you have not been indicted. According to you, you have not been convicted either, you HAVE been arrested and you have also been "enasni'd" .

[lndshark]

ENASNI, I reread my post, and you post and want to apologize for being curt, my apologies. I could have stated my situation more clearly, I was just trying to be brief.

This is just a real bad deal for me, I just graduated, and they did a background check, and this arrest showed up, nad pretty much cost me a job I had already been offered. I accepted with this company in October of last year, and between then and graduating, December, I actually turned down three other job offers because I had employment. Then this pops up, and boom, sorry no job. And to top that off, it's such a boom time in the industry, petroleum, that all the compaines that are coming to my school have already finished recruiting, so I'm basically screwed.


Let me clarify again. I was arrestd and charged with domestic battery, for honestly throwing water on my girlfriend, not my finest moment. A cop "saw" it, and they pressed charges not my GF. In retrospect, reading the police reports I realize they didn't see anything, they just used what I had told them, to write their reports and arrest me. In Idaho, you can not bail out on a domestice battery charge without seing the judge. So, or course this all happened on a friday night, so i got to spend the whole weekend in jail. I wnet before a judge on the following Monday, and he set bail at $1000, which I hurriedly posted.

I got an attorney, and we dicided to fight it. I went to court once where the prosecutor tried to get me to plead guilty to disturbing the peace, I said no, so the judge gave us a later date to come back and get a trial date.

We show up for that, a different prosecutor, I think realized he would be hard pressed to find 6 people to convict me of domestic battery for throwing water, and dismissed the charges via motion of the prosecutor.

So year and a half later it pops up, cost me my job, and I am trying to get it gone. I have been looking into expungment in Idaho and found this STATUTE .


4. Who is eligible for an expungement?

3. Any person who was arrested or served a criminal summons and who was not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses. I. C. § 67-3004.

5. How do I get records expunged?

2. A person not charged by indictment or information within one year of the arrest or summons and any person who was acquitted of all offenses arising from an arrest or criminal summons may have the fingerprint and criminal history record taken in connection with the incident expunged by a written request directed to the department retaining those records. I. C. § 67-3004.



I just want to know if this applies to me. I have the lawyer that represented me looking into it, but when I meet him at his office a few weeks ago, he coldn't even find the statute, I talked to a paralegal yesterday, and she sounded thrilled to be looking into this, so I am trying to help myself.

This is why I wanted to know if I was indicted, what it ment, etc.


Thanks, sorry about the length.

brian

[fairisfair]

Brian,

Here is the statute
[url]http://www3.state.id.us/cgi-bin/newidst?sctid=200050025A.K[/url]

Are you SURE this is why you did not get the job, most employers look only at CONVICTIONS, not at arrests.

[mlane58]

Originally Posted by fairisfair

Brian,

Here is the statute
[url]http://www3.state.id.us/cgi-bin/newidst?sctid=200050025A.K[/url]

Are you SURE this is why you did not get the job, most employers look only at CONVICTIONS, not at arrests.

Unfortunetly there are those employers who couldn't see the difference bewtween an arrest or a conviction and don't understand that an arrest isn't relevant.

[ENASNI]

Did Fairisfair help you with her/his link?

Let us know if we can help you further in this matter

Not attorney lana in immigration but I am stealing her tagline.

[fairisfair]

Originally Posted by mlane58

Unfortunetly there are those employers who couldn't see the difference bewtween an arrest or a conviction and don't understand that an arrest isn't relevant.

very true!

Also alot of employees (prospective) who would rather blame their background, over job history or skills.

You know Mark, I could almost start to like you.

[fairisfair]

Originally Posted by ENASNI

Did Fairisfair help you with her/his link?

Let us know if we can help you further in this matter

Not attorney lana in immigration but I am stealing her tagline.

You know what? I just noticed that this is the statute for juveniles. Oops

[fairisfair]

sorry, try this
[url]http://www3.state.id.us/oasis/H0583.html[/url]

[ENASNI]

Originally Posted by fairisfair

You know what? I just noticed that this is the statute for juveniles. Oops

Are you in those "early college years" fair?... and hey, who couldn't like Mark?


Enasni'd? did you say this poor bloke got "enasni'd?"... well he did and lived to tell.

[fairisfair]

Originally Posted by ENASNI

Are you in those "early college years" fair?... and hey, who couldn't like Mark?


Enasni'd? did you say this poor bloke got "enasni'd?"... well he did and lived to tell.

no, far from early college years, (don't I wish)

Enasnid'd ? Yes, he lived to tell, but dang, that's gonna leave a mark.

As for the other Mark, we only recently laid down gloves.

[lndshark]

Originally Posted by fairisfair

Brian,

Here is the statute
[url]http://www3.state.id.us/cgi-bin/newidst?sctid=200050025A.K[/url]

Are you SURE this is why you did not get the job, most employers look only at CONVICTIONS, not at arrests.

It's probably the majority of the reason, there were other factors. I had a DUI 9 years ago that I recieved a withheld judgement on, and according to my attorney at the time, this ment I had NOT been convicted of a crime, and could legaly answer as so if asked that question.

Well, this popped up also, so I tried to explain, but the HR Manager just said it showed that I pled guilty, and nothing about the withheld judgement. I have since rectified this, aparently a letter I was supposed to write to ask the judge to enter the withheld judgement after I completed everything, never got filed. I did that ASAP, so it should be gone now.

So both these popped up, and I know the gal was thinking violent drunk.

I explained to her it was just an arrest, and that is was dismissed, she said I should have put it on the application. I pointed out the application I filled out asked for convictions, not arrests. She argued and said no it says arrests, I said I didn't think so, she said it did, so we went back and forth for 30 seconds, she pulled my app, and said, oh, it does say convictions, and that I must have been sent the "old application" not the new one.

I recieved a letter in the mail a week later, CMRRR, that withdrew my offer.

I just graduated, and was hired by the company in october,

The job I had was as a field engineer, high paying 70K to start, in charge of people, comapny vehical etc. I think they got spooked.

It was just a series of bad events after the other, I could tell the HR gal didn't care for me after the background check came back.


Oh well. I'm now fine with it, going into business for myself.

Anyway, thanks for the input all supposed to get a call from the lawyer tomorrow and I'll see what they saw.

Take care all

have a great night

brian