I was contacted dec 2015 by dhs stating I was being investigated for food stamps overpayment. Today Gwinnett da investigator called me and said my options were to come talk tothem and sign agreeing to pay state restitution for overpayment, or they...
I have seen some prosecutors charge this offense fully, while others do exactly as you describe. Their rationale is that getting a conviction will only make finding work harder, thus repayment even less likely. They are trying to strike a balance to get the most money. It's like "Okay we know you did it, and we could charge you for it. But if you just take the warning and repay it, it's all good."
If you want to make certain you are on a straight path, retain a lawyer to negotiate it for you. BUT, if you strike a deal and blow it off, that leaves them no reason not to come for you next time.
Good luckSee question
Military matter question. I am a probationary officer and I received a GOMOR a few weeks for a failure to report incident and because I was charged with assault. My Commander told me that they will move forward recommending a General Discharge und...
Hard to say. I have seen HRC act lately in as much as 45 days, but no guarantees on that. Where is your TDS counsel in this? If your counsel is responsive, you should ask him/her.
I'm facing a general court martial where I will plead guilty to fraternization, adultry, and disobeying a lawful order or regulation. What consequences in the state of Florida does this impact. I will get either an Honorable or General under Honor...
You know, I agree with all of what the others have said. This looks - at first glance - like a military law question, but in reality, it is more aptly a Florida (or whatever state you intend to reside) criminal law question. The legal issue is: How will the state of _____ look at these convictions. No doubt they count as federal convictions. I could tell you that the state of ____ will either call them felonies because they are pled in the state equivalent of a felony-level court, or that the state of ____ will liken them to the closest thing it has to these offenses (definitely misdemeanors), but the others have already told you that.
Here is the trick. You really need to speak to an attorney in (or who used to be in) the state bureaucracy who has experience in these matters. In private practice, this is probably a criminal defense attorney who deals mostly in post conviction matters. Many of us on Avvo take these matters on to research as well.
Anyway, I hope this doesn't confuse things for you.
Steve ShewmakerSee question
I have talking to a Soldiers wife for a long time now. He never had a problem untill she moved out the house Now je wants to show my CDR a call log of me and her talking alot What can happend ?
Yes you can. There's a special word for a soldier that gets together with another soldier's wife. Don't be that guy. Even the perception can be bad.See question
The charges are for armed robberry,robbery & 3 different theft by.... charges. Is it true the weapon must be produced? An amount or type of weapon must be stated & that he has to go trial within 2 years.
No, a weapon does not have to be produced. Some evidence of armed robbery must be produced. That could be just witness testimony. If it is armed robbery, the indictment has to make clear how the armed robbery was committed (e.g. gun, knife, etc.). He does not have to go to trial within two years. He must be charged within four years of the state (or a witness who knows his identity) becoming aware of the crime and his identity. There are other things, like speedy trial by law and by constitutional rights that you are probably thinking of. What he needs (and you for peace of mind) is to consult with an attorney ASAP. Now, in Gwinnett there is no public defender per se. Some local attorney has been appointed by now. I imagine that you are not liking what he or she is telling you. getting a second opinion is a great idea, especially since armed robbery carries a mandatory minimum of hard state prison time. Call an attorney. Many of us on Avvo will do free in person or telephone consults.See question
I joined the Air Force less than a year ago, completed basic training. I graduated, obtained my certificate, coin, etc. then was sent to Airman Holdover. I had stress fractures in my hip and pelvis. Sat there for 3 months until I was sent home bec...
I am reluctant to answer for a recruiter, because it is not a legal issue. I can speculate that the chance of getting a waiver with this RE code is slim at best.See question
My boyfriend has been in the Army for 8 years and his scheduled ets date was May 2016. Once he started clearing, he was advised that his date was being extended so he can be a witness in a trial. He's already provided his witness statement regardi...
Cassara is right, but I wouldn't put it past some in the military to do this out of ignorance or abuse of authority.
Go see a JAG.
Now, he is still subject to a subpoena to testify.See question
My Company Commander gave me a referred Officer Evaluation Report and I would like to know if I should get a Board of Inquiry. I am also been recommended for administrative separation. I do not know that to expect right now after receiving a negat...
There's not enough information here. Here's what I can tell you.
There is a procedure for input and rebuttal to a referred OER, but it's not a BOI.
The BOI triggers when the command, a higher command or Human Resource Command wants to consider whether you should keep serving or not. If you go before a promotion board, a referral to a BOI is likely.
I am not familiar with an officer requesting a BOI, meaning that I have never heard of it happening and am doubtful it can happen.
These days, if you got a referred OER it's best that you start planning for life after the Army. If you are near the 20 year mark, and don't get promoted, it may be worthwhile fighting separation at the BOI.
You should consult with an attorney now.See question
A retired soldier said that the president, his family and civilians should commit sucide. I stood up for the president.
Well, it depends. If you "stand up" for the President by busting out his teeth, you may find yourself in some trouble. THE BEST thing to do is smile, take a deep breath and walk away. If you must respond, just say "I do not share your opinion."See question
While on orders at Camp Shelby, I was given orders to go with my unit that was being mobilize to go to Iraq. So while during training I my knees stayed swollen and I re injured my back. It made difficult to stand or march in formation or climb ...
Yes, they can do this. The military has several criteria for deployability. Some of these criteria are medical. If you cannot meet deployability criteria, the command has discretion, and in some cases this is mandatory, to not deploy you. This is not personal. This is business. Keeping you home is for your own safety and for the safety of the others in the unit.See question