Need Advice. Legal Issue




 
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June 23rd, 2005  
Starker
 

Topic: Need Advice. Legal Issue


I'm a 20 year old female with an associates degree in Admin of Justice, I've decided I want to join the military. My concern is when i was 18 i got myself into a bad situation, which the cops were called by someone. They came and i told them the truth. Later on i decided i didn't want to press charges on him or pursue a legal matter so i told the officer to drop it. So he asked me if i was retracting my statement in which i told him yes, 2 months atfer this incident they arrested me for a misdemeanor false police report. I guess the irony of it all is i'm a Criminal Justice major and want to become a lawyer, my professors think this whole ordeal is absurd and out of line. I talked to a AF Recruiter and she said she'd still like to get me in, but i needed to get off the informal probation. My sentence was 200 hours of community service, a year of counseling (my counselor says i don't need), and 3 years summary probation. I'm going back to court next month to try and get off of the probation. But i was wondering if anyone knew which jobs my civilian record will disqualify me from. I'm also debating and considering all the branches, yet, i know i'm leaning towards a career in the legal field or communications, well if anyone has any advice, I've been going to court for about a year and just want to move on with me life, i work full time and am a straight A college student and have never had any problems until this, so please let me know if any of you can help, thanks
~Niki
June 24th, 2005  
Charge 7
 
 
I am not a lawyer so I can't speak with certainty about what this all means. I would hope that all branches of the military would be understanding in this matter. It really sounds like punishing the victim from what I've gleaned from your posting. I would also hope that recruiting would take that into consideration as well.

I wish you well in your goal and good luck in that quest. I do have a question for you though, did you have a lawyer when this all came about? Because if you did it seems they did a lousy job. If not, I'd suggest you contact one about seeing how this could be remedied.

I hope 03USMC sees this one. I'm sure he'll have some good advice about it.
June 27th, 2005  
03USMC
 
 
Okay. Judging from the bare bones of your explanation I'm going to assume (from expierance) that you were involved in a Domestic Violence type situation? You later recanted your statement prior to a Court Hearing?

If that is the case then I understand the charge. Alot of Jurisdictions do that. They take a dim view of time lost for officers DA's and the Courts .

As far as being released from your probation. Pay all fines and Court Costs, Obtain documentation from your PO that you met all requirements.

Get an attorney and petetion the court to expunge the charge from your record.
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June 28th, 2005  
Starker
 
Was it a domestic violence situation, yes in a way. Basically i was assaulted someone called the cops i told them what happened, than later told them i didn't want to pursue this legal process but it wasn't like i told them i was pressing charges and was going through with the whole legal matter, all this happened in a few hours span. As for the probation it's summary/informal so i don't have a probation officer or anything. Fines are paid and community service i'll be done next week, so i'm hoping he lets me off when i go back to court in July. I'm just not sure where to go from here type of thing, my public defender didn't do anything to help me and i still have never recieved a call back the only time i've talked to him is 5 mins before i see the judge when i go to court........i guess all this is just stressful especially since i'm so motivated to go places in life and do something with myself and this whole issue is holding me back oh yeah thanks for the replies guys i appreciate it
~Niki
June 29th, 2005  
03USMC
 
 
Your problem was that charges were pursued by your statement verbal or otherwise to the Officer. This resulted in paperwork, filing, and convincing a DA to pursue charges.

As far as a Public Defender. If you want this expunged (taken off your record) you are going to need a paid attorney. Public Defenders are seldom successful in expungement's. Over Worked.

You can probably enter the service with a nonviolent, non drug related misd. But since it's a filing false information charge it will more than likely hinder your security clearance level for at least your first enlistment.

Look at Expungement by the convening court.

Did you plead Guilty or No Contest?
July 5th, 2005  
Starker
 
no contest is what i plead on the advice of my public defender
July 5th, 2005  
03USMC
 
 
Thats going to be tough to expunge.
July 13th, 2005  
AJChenMPH
 
 
A little OT, but what's the difference between the two pleas? And why would pleading No Contest make it more difficult to expunge vs. pleading Guilty?