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Misdemeanor Charge?
Question:
In the beginning of 2001 I was convicted of Misdemeanor Larceny. I called Swift to get some info about them and they said the larceny is looked down on in the trucking industry. However they said its reviewed case by case based on the circumstances surrounding the charge. Now, I was convicted of larceny because I bought a DVD player from a flea market dealer. The thing ended being stolen property when I tried to register the player the serial number came up being stolen from a K-Mart along with several other items. Since they had no suspects in the robbery, K-mart decided to prosecute me. Now when I go to court thinking that I was going to fight this, the DA told me that if I fight the charge and was convicted that I would face 6 months in jail and a $1000 fine. If I pled guilty then I would only get 75 community service hours. I didn't think that it would prevent me from getting a truck driving job. Anyway, if anyone can help my situation it would be greatly appreciated.

Answer:
First off never trust a DA. He is not on your side. Always get a lawyer. But it's to late for that now.
I think you may be in for some trouble getting a driving job. The charges are very new and involve theft. Theft is frowned upon very hard by trucking companies. Basically because the opportunity presents itself often in this business.
Make some calls. There are companies that will take a person with a Misd. like yours. I wont recomend them so I wont say them. Why screw yourself more just to drive a truck. You will be getting screwed by most of them. But they do exist.
"There is just something about fresh winter snow and a river. The day is bright even if it is cloudy, the water is friendly even if it is cold and the fish are there even if they are not biting."

Answer:
Look for another line of work with such a recent conviction your chance of being hired are slim to none. The Recruiter at Swift was lieing to you to cover their azz concerning Discrimination.
Two things that will keep anyone from being hired by reputable Carriers is Thieving or Drinking Convictions.
Mike
Let's all Chant...
"It's a Lifestyle and is what you make it"
Feel better?
Answer:
You made two mistakes.
1-You should have never registered the unit.
2-You should have gotten legal advice.
Now, you do have an option. You can get a lawyer and try to have this overturned and taken off your record. This will cost you some money. But if I was in your shoes, I would certainly spend a little money and get this removed.
Just a grouchy old man.
"The average dog is a nicer person than the average person"-Andy Rooney

Answer:
I would get an attorney and try to get this overturned. Even though you plead guilty to the charge it may still be possible to have another trial (on the grounds of incompetant legal counsel if nothing else).
I will always be a mutter trucker at heart.
Answer:
I will say now that it's entirely possible that you purchased it at a flea market and didn't know it was stolen as you state.
K-Mart is not the one who decides whom to prosecute however. They are the "Victim". The investigating police agancy and the district atty confer with each other and the decision of whether or not to prosecute the "suspect" (BTW, they did have a "suspect" .... "you") is reached after looking at "evidence".
I was convicted of larceny because I bought a DVD player from a flea market dealer. The thing ended being stolen property when I tried to register the player the serial number came up being stolen from a K-Mart along with several other items. Since they had no suspects in the robbery, K-mart decided to prosecute me. If it were as simple as you state, they would not have wasted effort in a prosecution as the explanation you give is perfectly plausible. To be convicted of larceny anywhere in the US under the "possesion of stolen goods" theory requires that it be shown that you possesed the goods with the knowledge that they were stolen, and your story leaves that out. When they (prosecutor & LEO) decided to go forward with a prosecution, they had more to offer in court than the simple possesion of the DVD ...
... I don't know what it was ...
... maybe a witness ...
... maybe some other articles traced back to someone ...
... but you can be sure they had more than is presented here.
Now when I go to court thinking that I was going to fight this, the DA told me that if I fight the charge and was convicted that I would face 6 months in jail and a $1000 fine. If I pled guilty then I would only get 75 community service hours. I didn't think that it would prevent me from getting a truck driving job. Anyway, if anyone can help my situation it would be greatly appreciated. The DA offered you an alternative, you weighed the chances either way and made a decision that you now have to live with.
If you didn't have legal counsel, shame on you. You plead guilty (and all that that carries with it) to a crime of "moral terpitude", it will keep you from getting a job in many fields, and in many others it will relegate you to the lower paid spots. Maybe things will improve in time, but it's too fresh now.
To those who will tell all that police and prosecutors don't care about the truth, I tell you that they most certainly do care, they do not want to prosecute or convict innocent people. We all have an interest in seeing that justice is saught and that further injustices are not brought on in that pursuit. We all have families that we do care about, and none are interested in the creation of a society that will perhaps, victimize them in the same way.
... and whatever you do, have a SAFE TRIP...




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