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Criminal case... Vs. NBI clearance,.. what if

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1 Criminal case... Vs. NBI clearance,.. what if on Sat Feb 12, 2011 6:53 am

lenar_2010


Arresto Menor
HI Attorney good Day,
Just want to ask further on matter of NBI clearance assuming a person is charged with a criminal offense.

Said, if I will be acquitted, my NBI Clearance will be marked " No Record" instead of the usual "No derogatory Record".. Was there situation/s that this would cause problem in Job Hunting Sir? Before I was charged ("Direct Assault in Person of Authority"), I was applying for Domestic Job.. Unfortunately this problem occurred..

Secondly Attorney, God forbid, in case the court favored the complainant, shall I be given "Probation" Sir? Usually what is the condition or what is this Probation Sir?

Lastly, If I win this case, can I still counter the complainant? Since he was the one who mauled me (when I was only pacifying him from mauling my friend, as what we have told to the court..and that I was degraded on my Job due to attendance issue.. I was placed at the bottom rank - I was denied on Factory bonuses and fear also that I might not get my Salary appraisal this summer...After all basic commodities have gone up- my earning may not catch up- enough living for my Family ...

> The Prosecutor asked me during the cross exam that " why did you not pressed charges against the complainant when you are telling to this court that you were the one who was attacked and mauled?" (given the medical certificate and my picture of bruises and black-eye)....
I replied " First, I did not know that It is allowed to file counter charge even if I'm still being charged... and that what I was thinking all the time was my Family's welfare & my fear of losing my Job and how I would feed them now that my work is at risk, I don't even have the money to pay for legal representations in case I counter.I am so depressed.....

> He again asked me, " did not your counsel told you that you can counter anytime? .... I answered, I did not asked for that matter ( actually, my Lawyer is a private Lawyer, yet I am not collected any fee.. Our Attorney is known for that good deeds.. for his town mates he do this if you really have no money for payment..

However, I am shy of asking for another favor, that is counter-- without fee again? That's why I am reluctant of asking any further case or situation... I am happy and contented enough he is attending & defending us during our hearings... Come this Feb 23, our Promulgation... almost two years..

Thanks Attorney and Best regards
Neutral Crying or Very sad

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attyLLL


moderator
it will be up to the employer if he knows the difference.

probation is allowed if the sentence is not more than 6 years.

i do not recommend filing counter charges at this point. it doesn't have much credibility at this point.


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lenar_2010


Arresto Menor
attyLLL wrote:it will be up to the employer if he knows the difference.

probation is allowed if the sentence is not more than 6 years.

i do not recommend filing counter charges at this point. it doesn't have much credibility at this point.



Thank you again Attorney for the Clarifications.... Regards

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Clarity


Arresto Menor
Good Day, just have a question? if you have been filed a case then walang arraingnment na naganap, then pag kumuha ka ng NBI clearance mag rereflect ba yun sa NBI Clearance? then if kumuha ka naman ng NBI Clearance na my case ka naman before pero na dissmiss naman at pag kumuha ka ng NBI Clearance mag rereflect ba yan sa NBI Clearance?



Last edited by Clarity on Tue Feb 22, 2011 3:09 pm; edited 1 time in total (Reason for editing : add some questions)

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attyLLL


moderator
just get an nbi clearance to find out.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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dage


Arresto Menor
My question is that; the Police Officer that filed a direct assault case against us, is willing to withdraw the case. what is the best thing to do. I have receive a subpeona but is scheduled at the end of the month. is there a way that the case can be nullified?

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