It's a "motion to accelerate" - which is to move a deferred sentence to a suspended sentence. The latter is a conviction, while the former is not. A judge can choose not to accelerate, however it is recommended you have counsel with you to protect yourself.
If the zip-its were found with other narcotics (or had evidence of residue in them) they are considered paraphernalia as they are often associated with illegal drug sales/possession. Having them by themselves (with no residue) is not paraphernalia in of itself.
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.
While on terminal leave, a friend of mine was charged with simple possession of a controlled substance on a federal property and had to appear in a federal magistrate court (where it was dismissed). His command found out about the incident and put him on legal hold just a few days before his EAOS... Read more »
If it was dismissed "with prejudice" in the federal court, then there is an argument that the courts-martial may be bound by that dismissal. It depends on the reason and grounds it was dimissed. If the dismissal is silent, it's likely "without prejudice" and still subject to UCMJ action.
Absolutely. It is pretty much a military career killer. The only "exception" is when the service member is a junior enlisted. The military leadership recognizes that a young soldier (or marine, etc.) will make mistakes. If that junior enlisted member is an otherwise good troop, a...Read more »
I leave the 10th of this month and have been told that i shouldn't be held in my lease for any longer after i ship but my property manger states different. He say that i am still stuck into my contract until june or later and i dont understand who is correct.
You need to put it writing to your landlord and request to terminate the lease, and include a copy of your orders. If you think there is going to be a legal fight, send it certified mail and keep a copy. If you have an email address or fax number, I'd be that thorough. The earliest...Read more »
It does not. The military is a "command driven system," in that the commander (with the advice of his legal advisor/Judge Advocate) can use the other tools in his tool box for punishment and correction (non-judicial punishment, counseling, letter of reprimand, administrative separation, etc.).
If there are charges for "wire fraud," "bank fraud," false statements to investigators, etc. Those are generally "white collar" type of charges that could be involved with human trafficking types of charges.
Generally it is, but there are some exceptions to it. Bottom line is the because both are separate sovereigns, thus the double jeopardy clause does not apply. Most jurisdictions try to avoid doing this as it complicates trial dates and availability of witnesses.
It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
Generally, assuming the DUIs happen in the "exclusive federal jurisdiction" areas of a base, most bases (and posts) usually let the federal court handle all of the DUIs (regardless if the person is a service member or not). The cases are usually prosecuted by a Judge Advocate who is...Read more »
While dating I made an account on my boyfriend’s Mac computer. After the breakup he went into my profile to get my iMessages. Once inside my profile (on his computer), without my permission. he found sexual fantasy text messages and is threatening to send them to my parents or destroy my chances... Read more »
It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.
Generally, an individual has no right to privacy while being booked into a jail and can be asked administrative questions (identity, health, medicines, next of kin). If the questions become an interrogation regarding the alleged crime, government officials are required to advise of Miranda rights.
The crime took place in 2009 when he was 18. He is serving his 9th year now and has participated in several programs to better himself and his life. Is there anything he can do to be released sooner? This crime is his only offense and the judge continues to deny his release. Can he request a new... Read more »
While there could be a variety of things that could looked at, a commutation of the sentence is a possibility. They are not easy to obtain, so if one is pursued it is recommended to ensure it is done carefully.
It is very likely. A drug trafficking offense is one that will get you deported, however, and assuming he pleaded guilty rather than taking it to trial, the United States Supreme Court stated in Padilla v. Kentucky that a plea is not a knowing and voluntary one if he was not advised of the...Read more »
My wife purchased a vehicle from Drive Time before I entered the military (active duty) and her intrest rate is extremly high. 25% or so. Back then she had a job where she could afford it, but now om the only one with an imcome. I reclently found out about SCRA (service member civil relief act)... Read more »
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