Convicted Sex Offender sentenced at a Court Martial, I have now been summoned to a jury. Do I have to go?

Asked about 1 year ago - Modesto, CA

I was convicted at a Special Court Martial (Max sentence is 12 Months confinement) for an offense that now requires me to register as a sex offender. When I registered with my local police department, they weren't too sure if my charges were equivalent to a felony or a misdemeanor. Now that I received a jury summon, I still do not know what my conviction status is, and need to know prior to either going to the summon, or calling to inform them. I am not on parole, or probation and have only served 61 days in a Military Brig. I am also currently on Appellate Leave from the Marine Corps and therefore I am still Active Duty until further notice. I just want to know whether or not if I have to go.

Attorney answers (3)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . The form usually provides you with instructions on what to do if you cannot show up or are exempt from jury duty. If you don't take one of those steps, then you will need to show up or risk being in contempt.

    California law says you are qualified to be a juror if you:

    Are a U.S. citizen
    Are at least 18 years old
    Can understand English enough to understand and discuss the case
    Are a resident of the county that sent you the jury summons
    Have not served on a jury in the last 12 months
    Are not currently on a grand jury or on another trial jury
    Are not under a conservatorship
    Have had your civil rights restored if you were convicted of a felony or malfeasance while holding public office

    No one is exempt because of his or her job, race, color, religion, sex, national origin, sexual orientation, or economic status.

    You will probably need to at least appear. The clerk will tell you whether you are somehow not qualified.

  2. Michelle Nicole Mathis

    Contributor Level 6

    Answered . Phil Cave is correct, the terms felony and misdemeanor do not apply to court-martial sentences. If a court is summoning you to jury duty, you either have to go, or correctly follow their procedures or exceptions for not going. When in doubt, It is better to go and tell the court that you erred on the side of showing up. You may very well be dismissed based on California's classification of your military conviction, but if you are having a tough time deciding whether or not you have to go, then that uncertainty is a sign that you should let the court decide... after you show up.

  3. Philip Douglas Cave

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The military does NOT classify crimes as misdeanor or felony. References to such in bogus movies sucha A Few Good Men are wrong.
    Whether or not you have a felony in CA is based on how CA compares your convicted offense with something the same or similar in CA.
    Right now you have a "federal conviction." Even though your case is on appeal with NMCCA (because of the Bad Conduct Discharge) that does not mean you are not "convicted."

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more

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