The courts generally take a lot of factors into account when it comes to sentencing. Also, the prosecutor might be persuaded in terms of how she approaches the case. These are matters that I'm sure your attorney will explore.
The prosecutor will have access to your driving record and your records, and so it's possible the prosecutor will find this information.
Normally, the Army waits until the civilian court has finished before taking a decision on whether to retain you on active duty or...
I asked that very question in 1978, and I was married to an American.
Was told there was nothing. There was not the enlistment option then, described a little by Mr. Green.
I think there is a little something to be said for some enlisted time making for a better officer.
Officership takes time, experience, and guidance to have.
Once charges are preferred you will get an appointment with TDS on post. They will discuss with you a Chapter 10 in lieu of trial by court-martial.
That written request is forwarded by your commander to the general officer/general court-martial convening authority for your post, who will approve/deny.
If approved then you will be separated with an OTH.
Whether or not it is approved will depend on several factors: length of absence, surrendered or arrested, quality of service before the...
Under current rules it is mandatory for him to be processed for separation based on drug abuse.
However, the separation authority can decide to give him one last chance and remain. That's going to be hard to do in today's environment. The Army is down-sizing, that means they are taking every opportunity to kick people out.
He should speak to the defense lawyers at TDS about this ASAP.
Many 120's are felonies. There is nothing technical about that. But it does depend on the state law.
To determine if a military conviction is a felony you must look to both federal and state law where the person is located. It is true that the military does not classify crimes and convictions as misdemeanor or felony (despite the erroneous talk in that funniest of funny movies, "A Few Good Men."
If the person is a registered sex offender, then the military follows the same or similar rules.
They need to corroborate your "confession."
That they came looking for you and decided to search your phone may be an indication that there is corroboration out there either from a witness or a search or a failed urinalysis.
Is not cranberry juice a so-called diuretic used to help avoid a positive urinalysis. However, you should not put anymore information on this open forum. That could be a problem if they go looking and searching Google.
Get in touch with a lawyer who is familiar with...
The time limits for Art. 15 is two years from the date of offense.
The time limit for court-martial is anywhere from five years to never depending on the offense.
You have not been found guilty, only your commander can do that at the hearing or a court at court-martial.
Keep in mind that with all of the politics surrounding sexual assault in the military they may actually decide on a court-martial for you.
Also, you may have a bar to reenlistment, again because this is a sexual "assault"...
You cannot be held past your ETS, except for the purposes of court-martial or to serve a sentence imposed by court-martial.
If they try to hold you you should take immediate action to contact a lawyer who can help and DO NOT sign any voluntary extension papers.
They can't even hold you for the purpose of administrative elimination.
He may have some limited VA medical benefits if he has or is later shown to have a service connected injury. But that's it. VA benefits are limited to the former service member. Families do keep benefits when a person is retired or leaves under certain early separation programs.