one of my friends got in trouble with this girl who accused him of stalking (over the phone) and harassment (over the phone) he is a fellow police officer with many years in law enforcement. He has never been in trouble anywhere. What would be better for him when he goes to court? jail or probation for these first time offenses? I don't know what to tell him because I'm not a lawyer... I have law enforcement experience extensively but have never been in trouble. Is there anyone out there who can help us?
2007-02-11 03:10:30 · 11 answers · asked by militarypoliceman6391 1 in Politics & Government ➔ Law & Ethics
Yes; it does. And if you had any law enforcement experience as you claim, you'd know this.
2007-02-11 03:16:58 · answer #1 · answered by Rob D 5 · 2⤊ 1⤋
Well, because he is a law enforcemnt officer and he hasn't had any prior records or offenses then I'm sure the courts will take that into account and grant him probation and maybe a few hours of community service...that's the worst they could do in my opinion, especially if there is no physical evidence, other than this girls word. It will end up being a he said she said so I honestly wouldn't worry too much about it.
But to answer your question, yes it will go on his record. Any time a person is charged with a crime, misdemeanor or not, it still goes on your record, but if he doesn't get convicted that will be put on his record to.
2007-02-11 11:20:16 · answer #2 · answered by JessiBaby 2 · 0⤊ 0⤋
Yup. Probation is a type of "deferment" of the sentence, ...it still means someone has been convicted of a crime and absolutely means that person has a criminal record.
If your friend is a law enforcement officer and he is convicted of ANYTHING, at a minimum his career in law enforcement is over. As far as should he take jail or probation, ...personally I would advise probation. Inmates don't treat ex or current police officers very well on the inside.
2007-02-11 11:18:01 · answer #3 · answered by CV59StormVet 5 · 0⤊ 0⤋
Probation does mean you have a criminal record if you are convicted by the court. If he is just put on probation by the Department he works for that just goes in his employee file.
What do you mean what would be better for him? He won't want to pick jail, especially as a cop. He may not get the choice anyway, but I would take the probation if it is offered to me.
His best option is to get a lawyer and defend himself. Just because he was accused doesn't mean he will be found guilty.
2007-02-11 11:16:05 · answer #4 · answered by meathookcook 6 · 3⤊ 0⤋
Probation would be better than jail, "not guilty" would be better still. The criminal record depends on the characterization of probation. If he gets deferred adjudication and meets the terms of his probation, then it won't go on his record.
Now I have to lecture you. Your cop friend is going to court for stalking? Are you hearing yourself here? What would you tell your girlfriend if she were in your shoes?
2007-02-11 11:17:55 · answer #5 · answered by Fearless Leader 4 · 0⤊ 0⤋
Probation is a sentence---
a sentence is only given on charges that have proven true---
an individual proven guilty of an offense in court has a criminal record----Therefore, yes, probation means a criminal record ---
2007-02-11 11:31:33 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Who cares "what is better for him", you should be concerned about what is better for her. He has broken the law, and even though he belongs to the elite "above the law" class of people (humorusly called "law enforcement") he should go to jail. With the typical cop mentality, if he isn't behind bars he will continue to stalk and harrass her.
2007-02-17 17:41:40 · answer #7 · answered by Wiz 7 · 0⤊ 0⤋
hmmmm.....Jail or probation???Jail or probation??? If he is a first offender he will get probation.They don't put people in jail for a first offense stalking charge.Do your probation them apply for a "first offense pardon"
2007-02-17 17:51:46 · answer #8 · answered by little3nikki 3 · 0⤊ 0⤋
He will have a criminal record.
2007-02-18 16:12:02 · answer #9 · answered by Sabrina 6 · 0⤊ 0⤋
if he is found guilty he will automatically have a record and will almost certainly loose his job
2007-02-11 11:21:52 · answer #10 · answered by Andy H 1 · 0⤊ 0⤋