He was arrested when he was 16, taken to the precinct and was not allowed to call anyone. Then taken to central booking, arraigned the next day without my knowledge with a court date. I take him to court and he receives no legal representation before he is called before the Judge. He stand in front of the Judge alone so I stand up to say that he has not received any legal representation and the court clerk told me to sit down and be quiet or he will have to ask me to leave. My son was dismissed with an ACD and told to stay out of trouble for 1 yr. The arraignment charge was 221.40, 11/18/2010 dismissed/CPL section 170.56. The record states "government agency counsel assigned/no record of attorney readily available. Defendant states counsel was assigned source. HELP!!! What can I do
Can the court system do this even though my son was not provided or even given the oportunity to request and insist on legal counsel? He was only 16, is the precinct at any fault for not letting him make a call to me? I'm not understanding how this could be ok.
Criminal Defense Attorney
170.56 is a Marijuana Adjournment in Contemplation of Dismissal. As far as state law is concerned the case was dismissed and sealed at the end of the one year period. Unfortunately, more often then not, the federal government doesn't respect or adhere to state law. The military, being part of the federal program, will know of the original charges and while they shouldn't they seem to be holding it against him. Unfortunately there isn't much you can do anymore. The only thing available would be to move to reopen the case and start from scratch. This may not be successful and even if you do accomplish this he would then be facing the original charges all over again and whose to say that he would have a better outcome than receiving an MACD.
Criminal Defense Attorney
Unfortunately the military is being pickier than they have been in the past. If he gets a couple of years of junior college in, possibly enrolling in an ROTC program, he may be in a better position.
Legally, your son was not convicted. You might ask to speak to a JAG officer at a local base to see if they would have any other recommendations.
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I took the liberty of adding "military law" and "military waiver" tags to your question in the hope that one of our military law colleagues will be more likely to see it and perhaps be able to offer a suggestion.
Criminal Defense Attorney
Speak to the recruiter. The dismissal should not affect the army or his future.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Unfortunately, your son will NOT be able to enlist.
Dismissed or not, the charge is sufficient to make him ineligible for enlistment. True that the ineligibility is waiverable at the recruiting commanders level, but the services have more applicants than they need, and have for many years. The result is that they stop granting waivers for individuals who have any kind of disqualifying condition (physical, mental, legal etc). You son should definately speak to an Army recruiter, but they will tell him he is not eligible and they will not work a package up for him--same for the other services.
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Family Law Attorney
Are you certain he is permanently ineligible due to the arrest? Or, is he presently ineligible due to the ACOD? If the ACOD has not yet reached the dismissal date, it is technically still a pending charge and the military typically will not take anybody with a criminal case pending...however once dismissed I would suspect he would be ok.