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My son 18 yrs old is joining the AF. he had a citation.

Gray, GA |

he shipped out date is sept. 18, 2012. he just a a citation july 1 saying he was possesion of marj. less than 1 oz. what can i to or what can my son do to go to the AF?

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Attorney answers 4

Posted

Hire a lawyer familiar with that court jurisdiction. The justice system, just about 100% of the time, bends over backwards for service members. If need be they can likely expedite your son's case. These are patriotic times we are now living in. More positive options are available for service members than civilians, ranging from possible flat out dismissal to reduction of charges to some meaningless charge, or fashioning of a diversion program tailored to your son's specific needs then resulting in dismissal. If you wait, or if he pleads guilty and sentenced to probation, he will likely not be permitted to ship out or be kicked out. Its probably also a good idea for your son to get a drug screen and evaluation now because it would be beneficial to expediting his case. If your son has any defenses that he would want to assert, such as fourth amendment search and seizure issues, expediting his case is less likely. But then again, he likely won't want to assert those defenses formally if he can get a really great result such as I listed above. Your lawyer will be able to evaluate the facts and decide on the best course of conduct.

Asker

Posted

But i cant hire a lawyer. we living in a hud apt and i getting $795 a month because i'm a stroke person. i called legal aid but they can't help me because he case its criminal. should we go up the the court house and ask for the d a or should we go up there and begs for mercy? should we call the officer that gave his citation?

Bert W. Cohen

Bert W. Cohen

Posted

i suggest your son should go as soon as possible to the Gwinnett County Circuit Defender's Office to apply for an appointed lawyer. they are at 75 Langley Drive, Lawrenceville and their number is 770-822-8541. It might be helpful for him to bring his orders with him to help convince them to appoint him a lawyer now, rather than wait for his court date.

Posted

He will need to disclose the matter to his recruiter. He will also need an attorney to minimize the consequences, and keep his driver's license. His entry to the AF will be delayed until his sentence is over, or until his case is dismissed, or he prevails at trial.

Good luck.

Thanks for reading my response to this question. If your found this answer "Helpful" or "The Best Answer" PLEASE MARK IT, because Avvo awards me points. Thank you! Note that the questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

Asker

Posted

But i cant hire a lawyer. we living in a hud apt and i getting $795 a month because i'm a stroke person. i called legal aid but they can't help me because he case its criminal. should we go up the the court house and ask for the d a or should we go up there and begs for mercy? should we call the officer that gave his citation?

Brett Ladd

Brett Ladd

Posted

Go to the court and ask for the public defender to be appointed for you. This case is on the slow track, because other options are not available to you. Good luck.

Posted

Full disclosure to the recruiter is essential. Depending on the jurisdiction, probation is likely to be part of the prosecutor's recommendation. The U.S. Air Force, or any other branch of the United States Military will admit a recruit who is on criminal probation. Those charged with Violation of Georgia's Controlled Substances Act, Possessing Marijuana

This posting is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Joe Perkins Jr.

Joe Perkins Jr.

Posted

Typo: I meant to say: "The U.S. Air Force, or any other branch of the United States Military will NOT admit a recruit who is on criminal probation." Sorry.

Posted

It is unlikely he will be allowed to enlist with any kind of drug possession charge in his record. Right now the recruiters are not granting waivers, especially for drug use.
You need to have this completely dismissed to have any chance.

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