Q: I am shipping off to Basic Training for the military on FEb 8th.Last week I got 3 misdemeanors: possession, intoxicatio
Paraphernalia. I was informed the new LA DA is not pursuing any low level misdemeanors (including the ones I was charged with). The arresting officer also confirmed this. However, my court date is in April during which time I am supposed to be in Basic training. Any advice?
A:
If you were arrested, charged, and fingerprinted you dont have any choice; the military will find out eventually and a number of things could happen at that point, including a discharge for the convenience of the government while you are in training. If your MOS is at all reliant on ability to obtain a security clearance, you may be precluded from having one and being re-classified to another specialty for something you dont want to do.
Best to start your service with a clean slate and honor, which means notifying the recruiter of your predicament. He/she may be able to help and will definitely try. That is his job. Nobody is going to help you if you try to hide it; they will if you are honest.
You wont be the first or last to get in trouble before you leave for basic, including the author. Acknowledging it before accession and being honest on my application before I stepped on the bus saved a lot of problems. Good luck.
A:
i practice in Palm Springs and do not know the policy of the LA DA on this.
contact a local DUI attorney. Most will provide a free consultation.
i know a new law calls for Diversion eligibility on most misdemeanors......but that requires an appearance. See a local lawyer asap...and one that knows Military Law as your arrests will be in the computer and this may preclude your shipping out.
thanks for your service to our country.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
