I have a misdemeanor conviction for stalking. I couldn’t afford my bail and pleaded guilty in exchange for time served. I want nothing more than to put this behind me and continue on to law school. Fortunately, I was able to find full time employment, and my boss was compassionate and understanding of my story. I was trying to stand up for myself and my life was nearly ruined because of it. Clearing my name is a lengthy process, and I’m hoping I won’t have to put my life on hold for years. Does anyone know if a stalking conviction will prevent me from attending law school?
A misdemeanor conviction is unlikely to prevent one from attending law school. There are 200 ABA approved law schools so you should be able to find many, maybe most, law schools will not be concerned about your misdemeanor conviction for stalking.
Being cleared by a state bar should be your primary concern. Clearance will depend upon the specific facts & circumstances of your stalking case. State bars will review your law school application.
A couple of things:
- While there may be many law schools out there, it’s a very bad idea to just go to any law school. The better the law school’s reputation, the better your chances of getting a job upon graduation. The statistics are on the ABA’s website for every school. Yes, you’ll find a school that will take you, but is it a school worth attending?
- It’s not just the bar that does C&F(character and fitness) reviews-most law schools ask the questions, too. So be prepared.
- No crime, especially a misdemeanor, will prevent you from being admitted to the bar. However-you don’t specify-but if the stalking is related to a domestic relations incident, be prepared for a very challenging application process. These crimes are very closely scrutinized by both the law schools and the bar admissions committees.
So be very well prepared to explain the matter at both the law school application level and the bar admission level.
To state the obvious:
Stalking a former boyfriend or girlfriend will be viewed differently than stalking a judge.
If someone is convicted of a domestic relations related crime, that person will have a tough C&F. Be prepared for a lot of scrutiny.
A person convicted of stalking a judge will probably never get admitted to the bar anywhere.
Domestic relations offenses are given heavy scrutiny if the parties are living together.
Everyone understands that young love often involves a lot of unrestrained emotion.
Stalking a judge shows disrespect for the law and for the legal system.
No, you’re incorrect. In many states, domestic relations offenses-even misdemeanors-are specially coded during prosecution, and receive enhanced sentencing, as required by law upon conviction.
Your statement “Everyone understands that young love often involves a lot of unrestrained emotion” sounds like something out of a bad 1950s movie. It’s not that way anymore, and hasn’t been that way in a long time, which is something to be thankful for.
And I worked as a prosecutor handling these cases; “young love” or not, the amount of violence and fear associated with domestic relations cases is beyond troubling.
@oldlaw: As I stated in an above post, a stalking conviction will be reviewed in the context of the facts and circumstances of that particular case.
Important issues:
Whether the victim & the stalker live together & whether or not there has been any actual violence or threat of violence during the relationship.
From your other posts, it is clear that you’ve never prosecuted a domestic relations case, and are not an attorney. Nonetheless, you persist in issuing legal opinions which are wrong.
- The standard isn't living together; it's intimate relationship;
- Violence/threats of violence aren't required-coercion may be enough, or vandalism.
- "[D}uring the relationship is irrelevant; many crimes of domestic violence occur long after the relationship has ended.
- And the cybercrime of stalking doesn't involve violence at all, but can be included within the domestic relations crime arena.
@oldlaw: I am not going to respond to your misinformed insults.
With respect to your points number 1 through number 4, I think that you are reading the words in an overly narrow context.
For example: With respect to point # 2 in your above post #8: Most consider “coercion” & “vandalism” to be acts of violence" as are threats.
With respect to your point #3: When a relationship ends varies. Many, probably most, recognize that there is a relationship between the parties even after a “break-up”. Certainly there is a relationship when one party is staliking another. It may be unwanted & lopsided, but there is a relationship.
With respect to your point #4:
Cyberstalking can involve threats & intimidation which often is viewed as a threat violent in nature.
With respect to your point #1: I think that we are both correct.
@rntolawer OP: How your stalking conviction will be assessed by both law schools & by any state bar can vary. Without knowing the specifics of your case, it is difficult to offer an opinion on its effect.
Insults? All I’ve done is point out that you have, repeatedly, misstated the law. And that you’ve got zero experience as a prosecutor, and aren’t a lawyer-how are those “insults”? Those are facts.
You clearly have no idea-none-how domestic violence cases are addressed. But you’ll be back, with more incorrect legal advice.
I know a number of lawyers who have had felony convictions and are practicing. Each state, each jurisdiction in each state has their own discretion within the laws regarding this. Some states are far more draconian than others.
Anyone with any criminal record should research what needs to be done to become a practicing attorney before embarking on the expense and time of the process. Actually anyone planning to become an attorney should do an early background check on themselves to make sure any impediments to being admitted to the bar are addressed. I know too many who find out at the last minute and have to scurry to get their records clear from very minor issues.
Also, there is a glut of attorneys in this country. Not easy to find jobs that can make a large loan burden and the years of study worthwhile. However , I know a number of lawyers who went to local unknown law schools who are practicing and doing well. Getting into a white shoe law firm or getting certain clerkships are mostly out of reach with such degrees, but it’s possible to get work local to any law school connections and class rank and luck come into play. The odds are not high , however, in fact , low.
So do your research before investing too much into something like this.
Laws, including domestic relations and stalking laws, can, and often do, vary by jurisdiction.
Laws do vary by jurisdiction, which is why each state has its own bar admissions, so as to prevent the unauthorized practice of law by those not qualified.
OP hasn’t been back, but the best advice:
“So do your research before investing too much into something like this.”
OP: In answer to your question: You should be able to attend law school.
It’s a huge investment, so before applying I’d recommend getting the advice of an attorney in your jurisdiction who specializes in C&F issues to see what s/he thinks of your situation.
This link is not working properly, but the article points out the costs of law school compared to the pay for lawyers.
The article notes that the lowest pay is for lawyers working for the state.
The lowest of the low is about $37,000 per year for entry level district attorneys. And the article notes that even public defenders starting out are paid more at about $40,000. (This is a common problem in many areas of the country so quite often entry level local & state prosecutors use this as a training ground to get some actual courtroom experience.)
The average pay for all layers in 2018 is $120,910.
Average law school student loan debt is $122,000.
P.S. For some reason the cite above does not connect to the article.
If interested, google “investopedia.com Is Going To Law School Worth It Anymore ?”
OP: here’s Emory’s C&F as an example of questions law schools will ask:
https://law.emory.edu/admission/juris-doctor-jd/jd-faqs.html
"Guidance for Question 2: Social Conduct
Have you ever been accused of, reprimanded for, detained for, or charged with any criminal offense or school conduct violation, regardless of the outcome? This includes any criminal accusations, including traffic offenses, except for parking violations. This also includes any reprimands or social actions while in college or any educational setting since high school (such as noise violations). If yes, submit an addendum titled Social Conduct to explain the situation, including the background and circumstances as well as the outcome and resolution. Disclose even if any charges were dismissed, or if you were acquitted or allowed to plead nolo contendere, or if the conviction was reversed, set aside or vacated, or if the record was sealed or expunged. You must disclose regardless of whether you have been told you need not disclose any such instance. When in doubt, disclose.
OP: Just answer honestly as most, probably all, state bars will review your law school application in the character & fitness review part of any state bar application.
Again, there are about 200 ABA accredited law schools in the US. Depending upon one’s career goals, up to 150 of those law schools might be worth attending. For example: If you want to practice in South Dakota, then the law school at the University of South Dakota is worth attending. Same for Montana, Idaho, New Mexico, Wyoming and many other law schools where there is not a glut of law schools in the area. (Some law schools charge tuition below $20,000 per year. For example, the Univ. of North Dakota charges about $12,000 per year for tuition. Most, however, charge about $40,000 per year, with the most elite private law schools charging about $60,000 to $65,000 per year.)