I am a 12 year fed and was involved in a DV situation that led to me spending a little over a month in jail (received no bond due to embellishment of situation). Prosecutor has offered misdemeanor (assault) no jail time and I am currently trying to negotiate PBJ.
My investigation is due this summer and I am concerned that I may not pass it due to my situation. I know to tell the truth and that every case is unique and depends on all the factors.
Does the amount of the time spent in jail factor into the outcome? I would go to trial, but I have been through so much already and do not want to risk losing and being sentenced to even one day in jail. Therefore, I’m strongly considering a plea.
If I accept the misdemeanor PBJ, any idea if this result in me failing the investigation? I know others in my agency who have misdemeanor charges (assault/DUI) who have passed. I don’t know what to think and as you can imagine, I am highly stressed by this. I am also at the top of the GS schedule…
Very stressed… Any advice or guidance is genuinely appreciated.
Domestic Violence charge is a higher concern than a DUI or even a simple assault. What did your agency say when you told them you were in jail for a month? Did any of them ask why?
I have confirmed that it will actually not be a domestic violence charge and will be second degree assault.
Outside of my boss (who is a close friend of mine) and one other close friend of mine/another Director who knew, I took annual leave to cover me while in jail. I heavily liked and supported at work, so I spoke to 2 higher ups in case the investigation leads to any questions that end up on their desk. They support me.
My background investigation is due this summer for my public trust clearance. I will have to report the charge, jail time, and outcome on the SF-85P.
That’s my main concern.
@bxclark do you have any mitigating factors that will support you ie, anger management classes, DV classes, Alcohol Management etc?
What was the original charge… not reporting the original charge is one of the most common honesty issues I see.
That’s not a mitigating factor.
I’m aware. Was mentioned in context that my leadership supports me and if a decision lands on their desk to keep me occurs, they will support me.
Original charge was first and second degree assault. Plea offered is second degree assault/no jail time.
I am participating in APP classes and will enroll in an anger management course as well, but understand that I am innocent of these charges. I was pulled into the vortex of the judicial system due to circumstances that I will not elaborate on here.
I wasn’t under the impression that these classes would have anything to do with the investigation re the clearance, but if so, that is good to know. While they are helpful classes, they will ideally assist me with a more favorable outcome with the criminal case.
Just be openly honest about it all when it is time and it will all work out in your favor.
I am in the same situation as mentioned in a prior post. Right now I am waiting to see if or what the courts decide. I know that they are going to offer me a deal however I don’t yet know what that entails or whether or not I will take it. I have been in a anger management/DV program for now almost 2 months and have reported this to the investigator and my employer as well. I have answered all questions requested by the government truthfully and honestly but its up in the air right now as to whether it will be in my favor. I am so stressed about the entire situation and how it will affect my life and have done everything I can so far that I can do (i.e. Lawyers, classes etc…) but its out of my hands at the moment. The worst part is knowing that I didn’t commit the crime and have nothing but a speeding infraction a few years ago but feel like after all of this I have no control of what could happen. I could understand if I had a history of crimes or violence or other issues but I don’t. I don’t know how an adjudicator will look at my case and if they are looking at the circumstances surrounding it how they determine that when it was just her and I in the room. This is all just a nightmare for me right now. I hope your case works out in your favor.