Medical was deferred due to felony today

Aren't the only DQ felonies for pilots drug and alcohol related? I recall reading that somewhere.
 
Drug and alcohol felonies may be prima facie disqualifying, but other criminal history certainly can cause medical to be denied if there are other things going on. Felonies may indicate the old "personality disorders manifested by overt acts" for example.
 
SkyDog58 said:
I guess that would depend on your definition of the terms “paid their debt” and “punished”.
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Ahh America, you can take the people out of the puritanical era, but you can't take the puritans out of America.

The_Hanging_by_Jacques_Callot.jpeg
 
midlifeflyer said:
:yeahthat:

The lawyer should also understand your state's criminal law and procedure. Don't go this one alone. My experience is that most defendants (particularly those with little experience in the system) in criminal cases don't really understand the process very well. The lawyer is not there to do battle, but to advise.

I'd add "don't post at all," real name or not.
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^^^ This.

Lot of factors go into it - really need an attorney that understands both the state/federal laws that were involved as well as the FAA procedure. And the strength of your argument will hinge on the specific felonies involved. Don't post about any of them here - turn on the news if you want to see the consequences of saying too much in public. And this IS a very public forum.
 
Dave Theisen said:
I don’t understand all the “Get a Lawyer “ and “stop posting under your real name” advice. They guys seems to be owning his past and is just asking what to expect from the process.
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Turn on the news. See what's happening in DC and the White House. And the note that Rudy just gave the investigators further fodder about Trump by his public statements. Sometimes it's far better just to STFU.
 
Tom-D said:
I really don't believe that the FAA puts much stock in Social media.
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Pretty sure it was a social media post about the guy hitting an RC model during his own “low pass” that triggered a FSDO investigation of the whole thing at a local airport here.
 
Tarheelpilot said:
I would think that after a felon has payed their debt to society they should not be punished for the rest of their lives.
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Sounds good in theory. The issues are 1) does the criminal justice system punish or reform (e.g. do people really change after punishment), 2) do folks come out more hardened, 3) the focus on "making sure people don't offend again", and 4) will those convicted once comply.

We really have become a nation of "one strike and you're out" in more ways than just the FAA. And it's not just the US - a single DUI can disqualify you from traveling to Canada.

flyingron said:
The problem with criminal records is the FAA views that they might indicate an underlying mental condition (or at best a tendency to want to follow the rules). A single event, not tied also with some mental health condition, shouldn't be a problem (and I'm surprised resulted in a deferral, apparently not a proactive AME). Then again, separate from the medical, there's a list of "security" offenses that are going to bother other parts of the FAA and DHS.
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And the FAA, which follows a process, really has no good way to determine whether you will do something again. The "security" offenses are a big deal, as are things like drug smuggling. From the perspective of the FAA, if you were a bureaucrat, would you want to be keel-hauled to the Hill and asked "why did you let that person have a medical"? Easier to say "NO" than to take the risk.
 
wsuffa said:
^^^ This.

Lot of factors go into it - really need an attorney that understands both the state/federal laws that were involved as well as the FAA procedure. And the strength of your argument will hinge on the specific felonies involved. Don't post about any of them here - turn on the news if you want to see the consequences of saying too much in public. And this IS a very public forum.
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Except this is not a criminal case, at least as I read it. It's a medical that was deferred because of (I presume) a positive response indicating a felony on question 18w. There is nothing for a lawyer to do unless that lawyer specializes in FAA medicals.
 
Heard it from the horse's mouth yesterday that the NPS monitors social media for drone footage, since drones are banned over the parks. I would not be surprised if other agencies didn't do the same regarding their scope of enforcement.
 
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bflynn said:
Except this is not a criminal case, at least as I read it. It's a medical that was deferred because of (I presume) a positive response indicating a felony on question 18w. There is nothing for a lawyer to do unless that lawyer specializes in FAA medicals.
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Beg to differ.

There are different degrees of felonies, and the specific charges & any pleas matter. And prosecutorial discretion matters. Likewise Federal vs State.

While the lawyer may only have to deal with the FAA at this point, his/her expertise in the specific details of the felony in question may be critical to accomplishing the FAA issues.

YMMV.
 
You guys sure speak as authorities on the subject. Must be a lot of felons here with experience. Amazing!
 
wsuffa said:
Beg to differ.
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Yes, there are different kinds of felonies. That's been said multiple times.

Do you think the FAA is willing to consult with the airman's lawyer to hear the lawyer's spin? Of that they need the airman's lawyer to explain to them what the felony was actually about? No, they are going to request a bunch of records, including all the relevant court records, consult their own attorneys if they need an explanation, probably request some kind of psychiatric screening and then render a decision. That decision will be based on medicine, not law.

The only thing a lawyer might help with is getting copies of the records.
 
denverpilot said:
Pretty sure it was a social media post about the guy hitting an RC model during his own “low pass” that triggered a FSDO investigation of the whole thing at a local airport here.
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You'd know there would be 1 :)
How many ASIs do we have here?
 
wsuffa said:
Or those experienced at dealing with a bureaucracy....
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Regrettably, this is the case. Between universities, working for the state, military, the faa, my own medical adventure with the faa and the legal adventures I get to have in business, I'm way too versed in bureaucrat-ese.
 
bflynn said:
Yes, there are different kinds of felonies. That's been said multiple times.

Do you think the FAA is willing to consult with the airman's lawyer to hear the lawyer's spin? Of that they need the airman's lawyer to explain to them what the felony was actually about? No, they are going to request a bunch of records, including all the relevant court records, consult their own attorneys if they need an explanation, probably request some kind of psychiatric screening and then render a decision. That decision will be based on medicine, not law.

The only thing a lawyer might help with is getting copies of the records.
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Except the overwhelming majority of felonies can't be treated, prevented or managed medically. Neither can most felons . . . .
 
Tom-D said:
You'd know there would be 1 :)
How many ASIs do we have here?
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There’s way more than one example. As others have pointed out, most agencies are watching.

Most have a dedicated person handling social media for even the smallest agencies now. They are usually tasked with bragging about the job their agency is doing but they also get forwarded the bad stuff and pass it along to whomever needs to see it.

Good or bad, there’s a dedicated person at even the smallest rural agencies watching social media.
 
The FAA will require the record and the disposition of the court case and will make up it's mind if and of TSA's 1544.229 prohibited convictions are present.

In addition, they will ask for evidence that you do not have "personality disorder" As it has been 10 years, I don't think you will have an ultimate problem here, provided your felony search comes back clean. If you can get a state DMV search and there is no alcohol record upon it, that helps too.

A Favorable letter from a boss, on letterhead, "Tyrease is trusted, reliable and can be left unsupervised..he's a valued member of the team" really helps eliminate personality disorder from consideration.

You'll get a letter from the agency with their "Martin Luther List of Demands"
Remember, "you CANNOT argue with the crown" (the FAA)
And remember it is you that committed the felony, not the FAA. It is not "normal" to have a felony conviction. There is a path.

Bruce
 
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Hank S said:
Except the overwhelming majority of felonies can't be treated, prevented or managed medically. Neither can most felons . . . .
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As well, the overwhelming majority of medical certification issues cannot be managed legally.

A lawyer can do pretty much nothing for a deferred medical.
 
Clark1961 said:
Do you want to be a hooked fish or swimming peacefully? Or maybe you are a fisherman?
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Trolling, to me, means that the person is intentionally inflaming the emotions of others. I don't see that happening here.
 
Clark1961 said:
You claim that you don’t know your agenda? Wow.
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My agenda is to learn, to share what I know, and to have fun.

If you think I'm a politician, what office do you think I'm running for?
 
By the way, the answer to your question is, "I don't care."
 
Palmpilot said:
My agenda is to learn, to share what I know, and to have fun.

If you think I'm a politician, what office do you think I'm running for?
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Many politicians in this world never run for office. Why would you assume politics is limited to elections?
 
Clark1961 said:
Many politicians in this world never run for office. Why would you assume politics is limited to elections?
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If you want to think I'm a politician, you go right ahead, because I don't care about that either! :D
 
FastEddieB said:
Tyrease, you there? What do you think of the advice you've received so far?
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Yes just seen the post. In the middle of getting a psych evaluation. As all have been saying and the dealings that I have had with the F.A.A is that they are not trying to keep anyone from getting certified. I’m very grateful that I have made it this far and from a lot of what I have heard is to give up. Yes I’ve made some choices in my life that I can say I’ve learned from. So, today I know who I am. Thank you all for the response to my question and will keep everyone posted with results.
 
denverpilot said:
You'd be partially right. Most felons did one thing they knew was wrong, and had a laundry list of additional charges they didn't know they did, tossed at them.

All it takes is two things nowadays to put most people in jail...

1. Drawing negative law enforcement attention to oneself. (Doesn't have to be a felony.)
2. Speaking in ANY form about the event that drew the attention to oneself to law enforcement. (Including anything you've said about it online or anywhere else.)

ANYTHING you say, can and will be used... Remember, the things you say don't have to be used to prove anything, just to *insinuate* things to a jury...

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And not saying anything will be used against you.
https://www.nj.com/politics/index.s...k_to_woman_arrested_for_staying_silent_d.html
 
paflyer said:
And not saying anything will be used against you.
https://www.nj.com/politics/index.s...k_to_woman_arrested_for_staying_silent_d.html
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$30,000. Not bad for an illegal visit to a holding cell. I think I read about this one a while back. Plenty of videos of other lawyers doing the same these days and getting threatened and harassed for it. Usually the harassment is “we’ll wait for the drug dog” which will always “hit” on the car and then the car gets torn up and everything in it tossed. Mafia tactics.

Of course all that really means is the local citizenry pays for it. Not a dime out of the arresting officers’ pockets or any real liability for them.

Hiring dumb dumbs just means we all pay more in taxes to cover the inevitable lawsuits. There’s a Denver PD cop who’s cost the locals $3.5M dollars in multiple court cases, and still has a job.

Best anyone can tell, he’s got blackmail info on someone much higher up. Nobody sane can figure out a reason why he hasn’t been terminated. He’s survived two or three Chiefs since the first case.

Just a never ending problem child with rage issues who’s defense isn’t paid by him and who’s payouts aren’t either. Whatever dirt he has, must be juicy.
 
denverpilot said:
$30,000. Not bad for an illegal visit to a holding cell. I think I read about this one a while back. Plenty of videos of other lawyers doing the same these days and getting threatened and harassed for it. Usually the harassment is “we’ll wait for the drug dog” which will always “hit” on the car and then the car gets torn up and everything in it tossed. Mafia tactics.

Of course all that really means is the local citizenry pays for it. Not a dime out of the arresting officers’ pockets or any real liability for them.

Hiring dumb dumbs just means we all pay more in taxes to cover the inevitable lawsuits. There’s a Denver PD cop who’s cost the locals $3.5M dollars in multiple court cases, and still has a job.

Best anyone can tell, he’s got blackmail info on someone much higher up. Nobody sane can figure out a reason why he hasn’t been terminated. He’s survived two or three Chiefs since the first case.

Just a never ending problem child with rage issues who’s defense isn’t paid by him and who’s payouts aren’t either. Whatever dirt he has, must be juicy.
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Just had a case here in GA where a cop killed his ex wife and her boyfriend, and then killed himself. He wasn't charged 20 years ago after him and another cop killed an unarmed woman who was pinned in her car and heard discussing their marksmanship on the recording; killed another guy in his car and it was ruled self defense, and other things. The victim's attorney said:

“The Glynn County Police Department has been protecting Cory Sasser for 20 years. They’ve protected him at every turn. And it sure seems like they did it again here,” said Bill Atkins, an Atlanta attorney who represented Small’s family in a wrongful death suit. The courts ruled Small’s constitutional rights weren’t violated.

So same situation as you're talking about.

https://www.wsbtv.com/news/local/ge...shoots-wife-male-friend-sources-say/779563495
 
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