Calabasas, CA asked in Criminal Law and Military Law for California

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?

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2 Lawyer Answers
Paul Ylvisaker
Paul Ylvisaker
  • Military Law Lawyer
  • Sierra Vista , AZ

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.

Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

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.

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