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Job Application awaiting trial in South Carolina?

Simpsonville, SC |

I was recently given a ticket for simple possession of marijuana but have not been to court yet. On a job application that asks, "Are you currently awaiting trial for any criminal offense?" Would I check yes or no for this? It also says that if i am not legally obligated to answer the question i can choose Not Specified. Does this apply to me at all?

Attorney Answers 3

Posted

I would contact a criminal attorney to handle this matter for you quickly. That ticket sets your initial court appearance for the criminal charge. The question is asking if you have any pending legal charges basically and your answer would be yes. You could also choose to answer not specified if you feel you are not guilty and want to wait until the court dates are handled and you know the outcome of your situation. Lying on a job application can be just as bad if not worse than having a marijuana charge. The decision to list it can be made on what type of company you are applying for, or a host of other factors. I would consult with a criminal defense attorney in Simpsonville before filling out the form. Most will give free initial consultations to let you know what you need to do to have a clean record if possible before applying to jobs.

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Posted

If given the opportunity to respond "Not Specified", I would take that option over "Yes." Although you may have been given a courtesy summons for the simple possession of marijuana, make no mistake, you were arrested and are awaiting trial on that charge. Most importantly, you need to find a lawyer in or near the area of your "arrest" to resolve the Mj charge in your favor, in other words, get the ticket dismissed or deferred; and any good criminal defense lawyer can discuss with you ways to avoid that charge becoming a permanent part of your criminal record. (Pre-trial intervention and conditional discharge to name two such ways.) Keep your eye on the ball, and that is not this job application but all future job applications.

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Posted

I agree with Mr Sinclair. Your primary focus should be keeping this off your record for future benefit. You get one shot at defending the charge. There will be other jobs. Lie on the job application and there will certainly be consequences.

This answer is intended for general information only and does not create an attorney-client relationship. You should consult with an attorney for detailed information as each situation may be different. Do not rely on the information given in this answer, and proceed at your own risk should you decide not to consult with a state licensed attorney first.

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