I exited the Marine Corps in 2013 with an Honorable discharge, had a tough time and made a mistake, I completed everything I needed to. I have an excellent job, with everything going on in the world I would better be used in the military. I am com...
A conviction of DV misdemeanor squarely implicated the Lautenberg Amendment to the 1968 Gun Control Act. It means you cannot possess a firearm, whether in the military, as a cop, hunting in the woods, etc. IN theory (although practice is a little less robust) the Department of Justice can prosecute you for firearm possession. But anyone in a position of employment and authority will be wary of vesting you with position and authority requiring firearm possession. That means the armed forces recruiters will immediately screen you for this and flag you as a problem. All hope is not lost. You can apply for a pardon from the Governor of the state where you were convicted. The chance of getting it is not great, but that is your recourse. Good luck.See question
My son is being discharged from basic with a fractured hip but would like to continue after he heals. He'd like to enlist in the Air Force. Is that possible?
Yes, clearly as some of the answers before mine show, this is a very narrow, very esoteric area. In fact, I question it is really about the law and lawyers, unless the service is failing to follow its own established guidelines for recruiting, and then only maybe a legal matter. No, instead I think this is a service regulation matter, as implemented by military recruiters. There is no good substitute to speaking directly with a recruiter. In Atlanta, where I live, there is an entire Army recruiting battalion based here and spread across the state, and that is just the Army. I mean there are armed forces recruiting centers in every third strip mall around here.See question
I just passed a UA
They can retest you at any time. There is no "dwell time" for a drug screen. Years ago, there was an initiative to not allow any drug test on Wednesdays, but that didn't work out. So, yes, any time is a good time, or an inconvenient time, depending upon your perspective.See question
I've been in the national guard for a year now I do everything I'm supposed to do go to all my drills and everything but I've realized this isn't really for me I just want out. And I'd like to know how to go about doing this and what are my options
You should heed the advice already given and proceed with caution. However, there is a program called, inartfully enough, "inactive national guard" or ING. You can go inactive for up to 12 months. After that, you must either return to the guard or go into the Inactive Ready Reserve (IRR). You may be able to make this happen, but it is less likely unless you have a compelling reason, like some personal hardship. Proceed with caution and diplomacy. Good luck.See question
Long story short my 14 y/o daughter received inappropriate pictures from a service member while visiting friends in NC. Now he's being court martialed and they're telling me, we (14 y/o and I) may have to go to Virginia for anywhere between 5 to 8...
The short answer is - YES. I have dealt with this a few times. You are a civilian, far removed from the military and do not feel or believe that the military criminal justice system applies to you. Well, the military criminal justice system is not looking at your situation for the first time. So, Congress has ensured that this dilemma has an answer. It is found in the UCMJ (Article 47) which in a nutshell says that if you are properly advised of the appearance, you must attend. Now the military will pay your expenses for travel and lodging, and will even arrange it for you. What it will not do is compensate you for lost wages. I have pasted the entire UCMJ section below for you.
I have, once or twice, convinced a military trial counsel that it would not be worthwhile to have a client (witness) miss work to travel across the planet for some court martial. BUT, just blowing it off could land you a federal charge. Better to either comply or hire a good (and diplomatic) attorney to run interference for you. Best of luck and very sorry for what happened to you.
Article 47 UCMJ says
(a) Any person not subject to this chapter who—
(1) has been duly subpenaed to appear as a witness before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board;
(2) has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending the courts of the United States; and
(3) willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpenaed to produce;
is guilty of an offense against the United States.
(b) Any person who commits an offense named in subsection (a) shall be tried on indictment or information in a United States district court or in a court of original criminal jurisdiction in any of the Commonwealths or possessions of the United States, and jurisdiction is conferred upon those courts for that purpose. Upon conviction, such a person shall be fined or imprisoned, or both, at the court’s discretion.
(c) The United States attorney or the officer prosecuting for the United States in any such court of original criminal jurisdiction shall, upon the certification of the facts to him by the military court, commission, court of inquiry, or board, file an information against and prosecute any person violating this article.
(d) The fees and mileage of witnesses shall be advanced or paid out of the appropriations for the compensation of witnesses.See question
This same question was posted a few weeks back,but I received absolutely no reply. Therefore,I've posted it again. My nephew received a true bill if indictment/ special presentment by a grand jury in Georgia,but there was no witness that testified...
While a witness can testify at grand jury, the vast majority of the time, the police investigator testifies about what all the witnesses would say. That is common practice. There is an old saying that a DA can indict a ham sandwich. When I was an ADA, it was very rare to not get a true bill of indictment unless the DA deliberately steered the grand jury towards a no bill. In many cases grand juries are led to a true bill quite easily by the DA. In the end, an indictment is only a step in the process. Ultimately a true billed indictment must withstand the scrutiny of a trial to convict a person. Worry about what is important right now. What is important is getting a good attorney. There is nothing you can do to effect the DA's decision to take a case to the grand jury. Maybe your attorney can persuade the DA not to seek an indictment, but that it rare as well. Hire an attorney. All of us on Avvo are available to speak to you.
Marine of mine got questioned about steroid use by NCIS and fully cooperated. Admitted to using and where he got it. What type of punishment is he looking at?
Yeah, if he is noticed for a board, he can defend it. He may swing a board to retain him if his service history is strong. If he half asses a board defense, he can expect the OTH separation. If it were me, I would hire a lawyer right now and prepare a defense. If not, expect an OTH soon. Even with a string defense it is a crap shoot, probably less than 50% chance of retention frankly.See question
An attorney wants to serve me with a subpoena to appear as a witness in civilian court, but I am active duty military. Who does the subpoena need to be presented to, and as a federal entity, is the military obligated to release me in order for me ...
The attorney can serve it on you. You take it to your chain of command and advise them that you are legally obligated to appear. If there is a duty reason why you cannot attend, your chain of command should have its Judge Advocate speak to the attorney and see if they can deconflict matters. In the end, if you are available, you should go. If you are not available, let the military address why.See question
Got my "retroactive retirement" packet from ARBA, after taking two years past what they said the process would be, and they're dicking me around pretty bad, considering all I've gone through....
Yeah, but you have to start with a question. I'm with Phil here, reach out to someone on Avvo for a phone consult.See question
I had a misdemeanor DUI and I was separated with RE3-b and a bad conduct discharge. Aside from this my old commander took two stripes. Fast forward to 5 months after my special court martial a new commander and a new wing Commander came. Wing Comm...
Bottom Line: As much as this feels like a "military law" question, it really is not. It is a military recruiter question. These sorts of questions show up a lot on Avvo. I enjoy the other responses, particularly those trying to piece together what happened. However, only a recruiter can bring you back in. More accurately, only a recruiter seeking a waiver on your behalf from a General Officer can bring you back in. With a prior court martial and an RE Code of 3 or 4, the chances are ridiculously low. Then again, strange things sometimes happen. All any of us can say with certainty is that no lawyer on this site can advocate for you in this matter. You must go see a recruiter and convince the recruiter that you deserve a waiver from a general. I would not hold my breath, sorry.See question