How that works?
Which benefit are you seeking. That makes a difference.
You need an honorable for a home loan or education money.
If you have a prior HD you can use that.
You can petition the discharge review board for an upgrade. That is tough to do.
I'm a doctor (MD) and was a Navy lieutenant for 5 years. I accepted NJP over possible court martial in the Navy for an alcohol related incident where I was charged with being under the influence at work and a BAC level of .10 was taken. This BAC...
It is not a conviction.
However, there are various questions on the Board applications and review which deal with matters such as crimes and also matters affecting your performance.
This is likely something you have to disclose and then address with the boards.
What you don't mention is whether any adverse credentialing action was taken which ended up being reported.
I don't have any kind of legal defense council my court date is in 2 weeks, I don't want a public defender, because they just work with the district attorneys in Mt city... so I want a court appointed lawyer, how do I go about getting one??
In general, the public defender office is the "court appointed" lawyer.
If you do not qualify according to PA rules and law you hire one.
If you don't want a public defender you have the option of hiring one.
But I'd defer to a PA lawyer to answer whether PA has an alternative method of appointing (free?) counsel where there is a real conflict of interest.
At a minimum, you should consult with a lawyer in your area to avoid waiving rights or appearing without counsel. Check with your state bar association or perhaps a local bar association for a potential list of lawyers who offer low fees or pro bono services.
I have recently discovered that my cousin whom I live with has been having a sexual relationship with the investigator for the prosecutor's office. There are currently two cases pending against me. I happened to have her tablet (with permission) a...
I rhink Mr. Cameron offers good advice.
It seems to me that there is certainly the potential for bias if the investigator becomes a witness. I suspect the IN rules of evidence have something similar to the federal rules and of all states which allow impeachment of a witness by showing bias or a motive to lie. That might be one of the "frogs" Mr. C. alludes to. In which case there's a tactical consideration.
I'd be interested in knowing whether the prosecutor is aware of this as well. Does the prosecutor know and condone? Could that be a frog which has the prosecutor croaking in court when challenged?
But, best to follow your lawyer's guidance.
Regarding possible attorney misconduct- I know that I can report this incident to the bar association, but am wanting to know if it is worthy of reporting-from an ethical or other point. And 2nd question, what is the likelihood of consequences for...
I do security clearance cases so I'm familiar with the process of addressing, rebutting, or contesting a denial/revocation.
An attorney can submit papers on behalf of the client/applicant.
In that submission, as I often do, the attorney can attach statements of the client or explain what the client wants to say to the CCF.
The attorney may make reasonable assertions based on the "facts" told by the client or others, or based on physical evidence.
I'm not sure this is a case of the attorney lying. Rather it may be a case of the reliability of what he's being told and from which he prepares a presentation. Of course, if the attorney knowingly makes a false representation that's wrong and subject to potential disciplinary action.
I am being processed for admin separation for a pattern of misconduct. 1st njp was drinking underage and larceny for breaking a lock. to give people back there stuff from a guy that was being kicked out for spice. the 2nd njp was drunk and disorde...
Based on the above they can process you for a pattern of misconduct as well as commission of at least one serious offense.
It depends on what type of discharge they are seeking. If it is a General, then your rights are limited to submitting a written statement to the separation authority requesting retention or an Honorable. If they are seeking an OTH, then you would have the right to a board hearing at which you could be represented by a military law at no cost or hire a civilian. You might be able to negotiate a board waiver, but you'd need a lawyer's help to do that.
If you are at Cherry Point, Lejeune, you have a legal office there that can be consulted.
i recieved an oth 3 years ago and im about start nursing school. i will disclose my oth, i am just curious if it will pop up on a check. The reasoning for my oth is not relevant to anything nursing.
The OTH won't normally. But if there was a CID investigation and you got Titled, that will possibly show up as an arrest (and that's where your OTH might show up).
I've advised a number of providers about these issues, primarily for licencing and credentialling. The bottom line is to be honest and be prepared with a credible explanation of the underlying reasons for discharge, what you've done to ensure something similar never happens again, etc.
What will the navy do? I have a court date soon and I don't want it to affect my navy career.
You have other problems as well if you have submitted an application for a security clearance and did not declare this issue.See question
my soldier has 18 yrs in and he is retiring under qmp. basically he can do his 20 but he is done after that.
They can Chapter him. But it seems unlikely if they've already QMP'd him.
Separations based on AFPT can actually be quite complex and time consuming.
If he makes an effort to try and perform, do some remedial PT and such, they may be satisfied and just let him finish his time.
Also, what happens if they disagree with my request? Can they call or do something about that? I am concern about this situation.
No. You are not required to route it through them.
They cannot call the Board.