North Las Vegas, NV asked in Military Law for Nevada

Q: How hard would it be for me to legally dodge the draft?

Here is the relavent info about me to this.

1. I am a Communist, who has written numerous widely publicized articles criticizing the government and US involvement in Yemen. I also wrote an article advocating gun rights on the basis that citizens need the right to bear arms to protect themselves from the government. (note: I do not advocate immediate overthrow of government, that would be adventurist and immature). I am actively involved in communist organizing and I am a chair in my organization.

2. I have hundreds of self harm scars on my arm and leg, but I stopped self harm a year and a half ago. I was also involuntarily committed twice for a total period of probably two and a half weeks, and I once attempted suicide under the influence of alcohol within the last two years.

3. I have autism, but I am able to function at a normal job. However I struggle with noise sensitivity.

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2 Lawyer Answers
Jennifer Setters
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Answered

A: Every case involving draft evasion or exemption is rather unique; the intricacy relies on several personal and legal aspects. Given your circumstances, political views, mental health history, and medical disorders like autism could all possibly affect your draft eligibility.

Political Beliefs: If you sought status as a conscientious objector, political beliefs—including opposition to U.S. government policies or engagement in communist organizing—may be pertinent even if they do not always preclude someone from the draft. But conscientious objector status usually demands resistance to all kinds of violence, not only particular battles or policies. Navigating this convoluted field of law would depend much on consulting with an attorney aware of these divisions.

Mental Health History: Your suitability for military service may be much influenced by your history of self-harm, forced commitments, and suicide attempt. Military policies include particular standards on mental health that can exclude someone from serving. But the specifics of your mental health history—including how recent and terrible the events were—would probably be closely examined, therefore it would be advisable to have an attorney help you present this material.

Medical Condition: Autism could be a role in your fitness for duty, particularly if it influences your capacity to manage loud noises or other environmental stresses. The military has criteria for both physical and mental fitness that take autism into account, although this would rely on the degree and how it affects your everyday functioning.

With so many variables in your circumstances, you should speak with a military law and draft exemption specialist counsel. If needed, they can assist you negotiate the legal system and offer tailored advice depending on your particular situation.

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James L. Arrasmith
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A: Dodging the draft legally can be challenging, and your situation presents several potential factors that might influence the outcome. First, your political views and writings could be relevant if you argue for conscientious objector status, though simply opposing U.S. foreign policy or holding communist beliefs might not be enough to exempt you. The government would likely examine whether your beliefs are deeply held and opposed to all forms of war, not just specific conflicts.

Your mental health history, including self-harm, involuntary commitments, and a suicide attempt, could potentially disqualify you on medical grounds. The military assesses both physical and mental health, and these factors could raise concerns about your ability to handle military service. However, you would need to provide medical documentation and possibly undergo further evaluations to establish that these issues are ongoing and serious enough to warrant exemption.

Your autism and sensitivity to noise might also be a factor, especially if it interferes with functioning in a high-stress, loud environment like the military. However, since you can hold a job and function in other aspects of life, this alone may not be sufficient grounds for exemption unless it's demonstrated that military service would significantly worsen your condition. It's important to gather medical records and consult with legal professionals who understand military law to explore your options.

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