Legalese: Bail Forfeiture?

[Boris Godunov]

Okay, I got a background check back on a prospective employee. Looks something like this:

NAME: Public, John Q.
DOB: xx/xx/xxxx
State: WA
County: Whatever County Police Dept.
Case Number: XXXXXXXXX
Cast Type: MISDEMEANOR
Offense Date: xx/xx/xxxx
Offense: POSSESSION OF DRUG PARAPHERNALIA
Disposition Date: xx/xx/xxxx
Dispostion: BAIL FORFEITURE

There are no other details. What does the bail forfeiture mean? It's not the same as jumping bail, I take it? And does this count as a criminal conviction for the misdemeanor?

Thanks for any help.

[Zkribbler]

My understanding is that it does mean jumping bail. That is, if you jump bail, you forefeit it.

It's not a misdeameanor -- I don't think.

[MichaeltheGreat]

For infraction or some misdemeanor offenses, (a la routine traffic tickets) you just mail in a fine in lieu of a court appearance. Since a "fine" is a post-judgment remedy (meaning after trial), technically, money paid before trial is "bail."

It just means he paid the money stated on the notice, and that's the end of the issue. Same as a guilty plea, but no trial or trial proceeding.

[Japher]

Check and see if their's a bounty out for him!

[MichaeltheGreat]

Originally posted by Zkribbler
My understanding is that it does mean jumping bail. That is, if you jump bail, you forefeit it.

It's not a misdeameanor -- I don't think.

Nope - jumping bails lead to revocation of bail and issuance of a warrant for arrest, generally with the addition of an FTA (failure to appear) charge.

[Japher]

I forfeited bail when I got a speeding ticket. Paid up.

[Boris Godunov]

Originally posted by MichaeltheGreat
For infraction or some misdemeanor offenses, (a la routine traffic tickets) you just mail in a fine in lieu of a court appearance. Since a "fine" is a post-judgment remedy (meaning after trial), technically, money paid before trial is "bail."

It just means he paid the money stated on the notice, and that's the end of the issue. Same as a guilty plea, but no trial or trial proceeding.

So, if we had him sign an affidavit asking if he had ever been convicted of a crime, and he responded "No," does this mean that he was wrong/lying?

[Japher]

Is a traffic violation a crime?

I've had several and I still check no.

[Boris Godunov]

Traffic violations aren't the same as a misdemeanor, which is considered a crime. I'm just wondering if this is considered an official criminal conviction, since it is a misdemeanor charge.

[MichaeltheGreat]

If I was his lawyer suing you over some sort of non-hire or wrongful termination claim, I would argue that it was an "innocent misunderstanding" of the term convicted, or (if it was a bit older) that "he believed in good faith, though erroneously, that his record had been expunged and that he was therefore entitled to honestly answer "no." (some states do this on completion of probation, or the perp can file a motion with the courts to have a misdemeanor record expunged.)

If he was asked this question at deposition or at trial, I'd object it was asking for a legal conclusion from a lay witness.

Technically, it's the same effect as if he was convicted, so he's wrong, however, he may not understand that and might have a good faith belief. Or he could just be dumb and devious and figure you wouldn't know.

It's just semantically different enough from a trial and conviction, and if this is all you've got on his record, his lack of experience with the legal system may mean that he just really doesn't know.

He may also not recall that it's a misdemeanor, so if you mean to see if he's actually lying or not from an HR perspective, it's impossible to tell unless you question him directly about the incident, which can potentially get you into no-nos in some states.

[Flubber]

Originally posted by Japher
Is a traffic violation a crime?

I've had several and I still check no.

In Canada, MOst traffic violations are not crimes and you get your tickey under a Highway Traffic Act. Some traffic violations are crimes such as driving while impaired.

[Zkribbler]

Traffic violations are infractions not misdemeanors.

Upon further reflection, I agree with MtG. With something small, you pay "bail" before trial, which is the equivalent of a fine & then don't show up.

[MichaeltheGreat]

Personally, if all his "record" involved was having a bong or a pipe (keep in mind, you're in Oregon ), and he was squared away in every other respect and had good references, I'd be inclined to let it slide on the grounds the guy may genuinely not know, and it's a chicken**** misdemeanor, not something like petty theft.

[KrazyHorse]

[Boris Godunov]

Originally posted by MichaeltheGreat
Personally, if all his "record" involved was having a bong or a pipe (keep in mind, you're in Oregon ), and he was squared away in every other respect and had good references, I'd be inclined to let it slide on the grounds the guy may genuinely not know, and it's a chicken**** misdemeanor, not something like petty theft.

The problem is that I'm up against a rather strident corporate policy, and the position he'll be working is one of high liability (driving a company vehicle).

On top of that, he has a DUI and reckless driving charge that was dismissed because of a diversionary program...

EDIT: But, he did disclose the other charges to us beforehand and gave me a letter from his lawyer explaining the dismissals via the diversionary program.