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    curiousdl55's Avatar
    curiousdl55 Posts: 4, Reputation: 1
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    #1

    Apr 4, 2010, 11:49 AM
    Wil I ever be able to teach in NY with a misdemeanor
    I got caught for shoplifting in NY. Will I be able to teach in NY?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 4, 2010, 01:42 PM

    I can't answer for the entire State but if you do get a certificate you will not be hired in the County where I live -

    When given a choice between a Police record, however minor, and no Police record the no Police record trumps.

    And my husband is on the school board.
    curiousdl55's Avatar
    curiousdl55 Posts: 4, Reputation: 1
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    #3

    Apr 4, 2010, 05:32 PM
    What if I do not get convicted, does just the arrest record have some affect?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 5, 2010, 06:22 AM

    You say you were "caught" shoplifting. You were found innocent or you entered a plea?
    curiousdl55's Avatar
    curiousdl55 Posts: 4, Reputation: 1
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    #5

    Apr 10, 2010, 03:06 PM

    Hi, no I was out of the store when 2 men stopped me grabbed my arm pulled me back in the store and then the police came. They arrested me but did not give me my rights and handed me a ticket to appear. So there has been not trial and I have not entered any plea.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 11, 2010, 06:36 AM

    There were two choices - give you a ticket (which is a form of arrest, it just lets you go home and gives you the opportunity to appear later) OR arrest you and cart you off to jail. The Police chose the former.

    It's an arrest.
    curiousdl55's Avatar
    curiousdl55 Posts: 4, Reputation: 1
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    #7

    Apr 11, 2010, 06:42 AM

    They gave me a ticket and the opportunity to appear later. I still want to know how this will affect my career. How could be an arrest if my rights were given to me.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 11, 2010, 06:47 AM

    It was an arrest. If you don't believe me go to Court and argue that it was not an arrest because no one read you your rights. No one reads you your rights if you get a traffic ticket, either. This is also a ticket in lieu of an arrest.

    But that aside - I already told you (#2, above) that you cannot get a job where I live. Each State's Teaching Board is different. You will only know when you try.

    I can't see your future.

    Is this a big deal? Probably not. Are jobs hard to come by now? Yes. If given a choice between an arrest and no arrest which person do YOU think the School Board will hire?

    (Let me know how the "you didn't read my rights to me" argument goes over.)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Apr 11, 2010, 07:40 AM
    Quote Originally Posted by curiousdl55 View Post
    ... So there has been not trial and I have not entered any plea.
    Not yet. But eventually you will probably be convicted.

    A conviction (as opposed to an arrest) will be on your record.

    And with such a record, JudyKT's husband (or the school board upon which he sits) evidently won't hire you.

    Quote Originally Posted by curiousdl55 View Post
    ... How could be an arrest if my rights were [not] given to me.[?]
    It is not necessary to "read you your rights" in order to make a valid arrest. If your Miranda rights were not read to you, they would have to prove their case against you without using any incriminating admission you may have made. But if they can still prove it, without using your words against you, you can still be convicted.

    And a conviction on your record can prevent you from getting a job.

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