legal question

[The_lubber_Bar]

A friend of mine got charged with a misdemeanor for battery. It will probably get dropped because he is being falsly accussed but I was wondering what the regionals & majors think of this. If it gets dropped it shouldn't be a problem for him. If he has to plead "no contest" and take a probation charge is he in hot water even though he hasn't been convicted (has a withold of judication) with getting a job with a regional or major? What happens if he gets convicted?

Anyone else out there in this situation? Just trying to help the guy out. Thanks for any input.

 

[Lear70]

Most SIDA (Security Identification Display Area) badge applications at large airports have a question on the application that says:

"Have you ever been convicted of or plead "guilty" or "no contest" to a violent crime as defined in (some legal document, sometimes attached) which includes domestic violence, assault, aggravated assault, assault and battery, etc"?

If you have, it usually disqualifies you from holding a SIDA badge which is a requirement at most regional and some national and major airlines, so therefore you are unemployable by that carrier. We had a guy who got fired for that a while back, never did get his job back because the judge found that it was a requirement for his employment.

Some job applications for the airline itself even list the same question for the same reason - better to know before the pilot gets through training and can't hold the SIDA clearance.

For a more precise answer, have your friend call AOPA and get a list of aviation attorneys IN THE SAME COUNTY your friend's trial is being held at and have him get professional counseling - most first consultations are free, especially if he or she is an AOPA member in the AOPA legal plan (good investment once you start flying commercially) and even if not it would be a well-spent $100 or so to avoid making a life-altering legal mistake.

Good luck!

 

[MetroSheriff]

Geez, there sure a lot of folks on Flight Info that have "friends" that do the darndest things.

A Friend of Mine...got a DUI

A Friend of Mine...was charged with assault

A Friend of Mine...was charged with theft

A Friend of Mine...was charged with battery

A Friend of Mine...smoked some pot at a party

A Friend of Mine...has 63 speeding tickets

A Friend of Mine...just got his 4th reckless driving

A Friend of Mine...really digs fat chicks

A Friend of Mine...has an ugly girlfriend

Can he still get an airline job, yada, yada, yada.

Why do all the straight shootin FlightInfo folks pal around with all these n'er-do-wells. More importantly why are we so concerned about their ability to land an airline gig.

Could there be more to sthe story????




BTW: Feel free to add to the list if I missed anything.

 

[LegacyDriver]

I believe the disqualifying list is only for CONVICTIONS. I could be wrong.

A list (not comprehensive):

Individuals convicted of, or found not guilty by reason of insanity of, the following crimes within the last ten years are disqualified from obtaining unescorted access to the SIDA.

Forgery of aircraft certificates
Interference with air navigation
Improper transportation of a hazardous material
Interference with flight crew members
Commission of certain crimes aboard aircraft
Carrying a weapon or explosive aboard an aircraft
Conveying false information and threats
Aircraft piracy
Lighting violations involving transporting controlled substances
Unlawful entry into an aircraft or airport area
Destruction of an aircraft or aircraft facility
Murder
Assault with intent to murder
Espionage
Sedition
Kidnapping
Treason
Rape or aggravated sexual assault
Unlawful possession, use, sale, distribution, or manufacture of an
explosive or weapon
Extortion
Armed robbery
Distribution of, or intent to distribute a controlled substance
Felony arson
Felony involving a threat
Felony involving:
Willful destruction of property
Importation or manufacture of a controlled substance
Burglary
Theft
Dishonesty, fraud, or misrepresentation
Possession or distribution of stolen property
Aggravated assault
Bribery
Possession of a controlled substance punishable by a
maximum of 1 yr or more
Conspiracy or attempt to commit any of the above criminal acts

 

[mckpickle]

Don't think he'll get off. If its his word against hers he's screwed.

 

[Mel Sharples]

He won't get hired at Champion Airlines with just a battery charge. He'll also need at least a DWI and then he should be just fine.

 

[Lear70]

We used to say similar stuff at EOI, brings back good memories!

Unfortunately, at least at this airline, pleading "no contest" is the same as pleading "guilty" in the eyes of HR and WILL bar you from a job. I know the Detroit SIDA badge has "no contest" as well, but don't remember if my MEM badge required it...

 

[JetSpeed219]

so can someone with a criminal background get any other jobs flying besides airline????

 

[Lear70]

"Would you like fries with that, sir?"

Seriously, charter and MAYBE a corporate gig depending on what the criminal charge was, but probably not any of the really good jobs...

 

[Freddie Spencer]

If she's old enough to bleed, then she's old enough to..., sorry guys , wrong thread...

 

[~~~^~~~]

Non Felony convictions are not disqualifying, but "innocent until proven guilty" is one of the most erroneous statements in the world. Everyone assumes that if a person was charged, they must be guilty of something.

That having been said, the charge and its subsequent adjudication will show up on the NCIB report that all part 121 carriers do on their pilots as part of the background check requirements. This means your friend will need to explain it during his interview and it could harm his chances of getting hired in the competitive job environment we have today.

If your friend has a very good case documenting his innocence, I would suggest that he hire local counsel to prepare a motion to the Court asking the Judge to order that all reference and record of the arrest be expunged from your friend's record.

In most cases the Courts are not out to harm innocent people, but they believe that a person has done something wrong to be charged, unless presented with overwhelming evidence to the contrary.

One of the things I love about these new cell phones with cameras it that they are stopping a lot of prosecutions for simple battery, obstruction and other charges police dream up.

 

[godsgift2aviatn]

I was convicted of sedition and had no problem landing an airline job.