Your Record And Your Character
The military wants individuals of high moral character. Whether you are eligible to join the military depends on the nature and severity of your crime, and other circumstances. The military looks at your complete record, including your financial records and legal records, and makes a decision on each case individually. Even though it may stay on your record, a deferred judgment means the judge didn’t feel the crime warranted imprisonment, so that’s in your favor. Military.com suggests you talk to a recruiter.
The Navy And Punitive Sentences
Interestingly, the Navy Recruiting Manual, COMNAVCRUITCOMINST 1130.8F, does not appear to contain specific provisions which would make such applicants ineligible for enlistment. But as a general protocol, the Navy will not accept applicants for service as an alternative to criminal prosecution or another punitive sentence.
Is It Hard To Get A Dui Waiver Approved
In the past, it was prevalent for recruits with DUIs to get approved for waivers. In the recent past, this was especially true during the Gulf War of the 1990s and after 9/11. While the need for troops does not guarantee that a DUI will get waived, it does make the military much more flexible in who they accept.
Today, unfortunately, that situation has reversed. Reduction in Force programs have gone into effect to help the military meet budget targets now that we have largely exited from Afghanistan and Iraq. In other words, the military has less need for troops and has rejected many waivers.
In essence, unless there is a crisis or the country is in a state of total war, theres not a high chance that your DUI waiver will get accepted. So even if you put in a lot of effort to get your waiver accepted, ultimately, you shouldnt expect a positive outcome.
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What It Takes To Enlist With A Dwi On Your Record
Before any recruiter will consider allowing you to join the military, you must complete your sentence including your drivers license suspension, paying all fines and fees, and serving probation. Still, this does not guarantee they will approve you for enlistment.
Another important thought about making the cut after one DWI is that the recruiting officer will likely consider how you handled yourself throughout the criminal justice process. They will look at the circumstances of your arrest and whether you took responsibility for your actions.
If you were respectful during court proceedings and took care of your court-ordered obligations in a diligent manner, you may be more likely to get approval than someone who did not seem ready to take responsibility for their mistake.
What If My Dui Conviction Was Only For A First Offense
Most experts agree that even if your DUI was a first offense or misdemeanor, the military still has very good reason to reject your application. If you wanted to apply to an officer candidate school, the chances of acceptance are even lower. This is true for virtually every branch of the military.
Just because your DUI conviction was your first time doesnt mean anything. Whether its your first time or your second, you shouldnt expect that any branch will simply take you. If you do decide to work things out with a recruiter, youll have to go through a waiver process.
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Getting Legal Help With Your Probation Questions
If you’ve been convicted of a crime, probation is far preferable to jail time. Whether it’s available as a sentencing option will depend on the particular offense and your state’s laws. If you’re facing criminal charges, don’t waste any time before contacting a local criminal defense attorney to discuss your case.
How Much Is Probation A Month
48 states have laws that allow supervision fees to be charged to people on probation. Monthly supervision fees range from $10 to $150 and fixed fees set by probation terms can cost between $30 and $600. Costs of court-ordered drug testing, electronic monitoring, and classes and programs compound probation costs.
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What Your Current Legal Status Is
If you are currently on probation or parole for your felony misdemeanor, none of the 5 branches will grant you a waiver.
Additionally, if youre currently serving a sentence in jail or prison, or are currently facing criminal proceedings, the military will not grant you a waiver.
You have to be completely off of parole/probation, and not legally incarcerated at the time of application.
If you are caught lying on your application, it is immediate ground for dismissal.
With that said, it is possibly for you to have your probation period reduced in order to join the military.
It all depends on the judge presiding over your case, and whether or not he will grant the parole reduction.
How Does The Court Decide Whether To Grant The Motion
According to Penal Code 1203.3 PC, the court may terminate your probation when your good conduct and reform justify doing so.
So what exactly does good conduct and reform mean? As San Bernardino criminal defense attorney Michael Scafiddi11 explains,
Basically, good conduct and reform means that you are not a risk to the public, and that youve learned from your mistake and are now moving in a positive direction.
This usually means that you have successfully fulfilled all the terms of your probation, such as
- paying all fines,
- completing counseling, and
- satisfying any other requirements that the court imposed in connection with your probation sentence.
It also means that you have not been arrested for any other offenses and that you demonstrate remorse for your actions.
The judge deciding your motion for early probation termination will also weigh and consider additional circumstances, which may include:
- the severity of the conduct that led to the conviction,
- your criminal history,
- the district attorneys opinion, and
- whether being on probation is causing you hardship
The types of hardships that may persuade the judge to grant your motion for early termination of probation may include situations where your probation is preventing you from
- obtaining gainful employment or receiving a promotion,
- traveling when you need to do so for work or to maintain family relationships,
- qualifying for a loan, or
- achieving or obtaining any other type of meaningful benefit.
Re: Friend On Probation Trying To Join Army
anything he can do to speed up the probation or is there any type of way the court will make an exception for enlistees?Probation cannot be modified for enlistment in the military, if it is theperson is permanently disqualified for ALL military serviceHe will have to wait out his probation, plus there is probablya 30 to 90 day waiting period afterwardsi know decades ago the army was an option over jail.That ended with the draftim wondering if there is even a judicial mechanism that could be usedn by a judge or a lawyer to solve this?Any legal decision like that would disqualify a person permanentlyfrom joining the military
If you thrust your head into the lion’s mouth you should expect a nip or two around the neck, if notcomplete decapitation
Can I Join The Military With A Misdemeanor
Unlike felony convictions, having a misdemeanor conviction provide a much easier path to enlistment.
Again, it all depends on the circumstances, as well as the branch of the military youre looking to join.
Just like with felonies, however, the 5 branches of the military are all looking for candidates with sound moral character.
Some of the misdemeanor convictions that do require a waiver include:
- Simple assault
- Failure to appear, contempt of court
- Harassment, menacing, or stalking
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Talk To A Texas Dwi Defense Lawyer About Your Case Today
If you or a loved one has been arrested or is facing drunk driving charges in Texas and worry about how this may affect enlisting in the military, reach out to the drunk driving defense attorneys from Eddington Worley today. We can offer advice and support and build the strong defense you need to get a more favorable outcome in your case.
A member of our team is standing by to take your call. We want to protect your future and right to defend our country. Call our office today at to get started on your DWI defense.
Q: What Are My Legal Rights At A Revocation Hearing
A: During a revocation hearing, the prosecuting attorney must show that you, more likely than not, violated a term or condition of your probation. Generally, you have a right to learn of any new charges against you and to present evidence in court before a neutral judge that may support your case and/or refute the evidence brought against you. You may wish to consult with an attorney or other legal professional regarding the rights available to you in your particular state.
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What Is The Lowest Level Of Probation
Informal probation is alternatively known as court probation or unsupervised probation. It is the probation assigned to low-risk offenders. It typically involves nothing more than paying your fines and fees and agreeing to commit no more violations of the law for the period of probation, typically 12 to 18 months.
What Is Interstate Compact And How Can It Impact Your Probation
The Interstate Commission for Adult Offender Supervision exists for the purpose of evaluating and processing the transfer of adult probationers from one state to another while maintaining continuous supervision.
Successful transfer requires both states to agree to the transfer. In other words, you first have to get the sending state to agree to transfer you out of the state. Second, the receiving state must accept the transfer and agree to supervise you.
The goal of Interstate Compact is to ensure public safety by maintaining supervision of probationers. Unfortunately, the process of applying to and obtaining approval from Interstate Compact can cause confusion, frustration, and exasperation for probationers and their families who are impacted by this process.
This article is designed to prepare you for the process and help clear up some of the confusion.
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What Your Felony Conviction Was For
There are certain crimes and circumstances that, no matter how you go about it, are just not acceptable to the US military.
For these crimes, there is no waiver process or exceptions.
You simply cannot join the military if you committed these offenses.
The crimes vary depending on the branch of service youre looking to join, but heres a short list of some felony offenses that will not receive a waiver:
- Civil conviction of a serious offense with 3 or more other offenses.
- A conviction for the sale, distribution, or trafficking of a controlled substance
- 3 or more DUI/DWI convictions within the last 5 years
- Positive alcohol/drug test at the time of military application
- Arson, embezzlement, extortion, grand theft, involuntary manslaughter, rape, or other sex crimes
Again, this all depends on what branch of the military youre looking to join.
For example, if youre thinking about joining the Air Force, but have a felony DUI conviction, you likely wont get in.
However, if you have a DUI on your record, the Marines will take you.
If youre unsure as to whether or not your felony conviction is grounds for dismissal from consideration of joining the military, its best to speak with a lawyer or recruiter to get the full details.
Find A Lawyer Near You
Contact A Recruiter
Interstate Compact: Moving Out Of State While On Probation
If you are placed on felony formal probation and supervised by a probation officer you might expect that moving to another state to comes with some challenges. Many probationers are surprised and unhappy to learn that even informal probation can prohibit them from moving to a different state before their probation expires. If you are on probation and you wish to move to another state during the period of your probation, you may have to apply for transfer through Interstate Compact.
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Moving Out Of State While On Probation
In most misdemeanorand many felonycases, a defendant is not sent to jail upon conviction. Instead, Texas law allows the judge to sentence the defendant to community supervision, which is more commonly known as probation in other states. Probation basically means the defendant remains free, subject to his or her compliance with certain conditions imposed by the court. In misdemeanor cases, probation can last up to 2 years. In felony cases, probation may run as long as 10 years, although it is possible to seek early release under certain circumstances.
If you are under community supervision in Collin County, Texas, you know that you must frequently report to a probation officer. You must also typically obtain your probation officers permission to change jobs or residences. This raises a number of questions that you might not have previously considered: What if I want to move outside of Texas? Can I do so? And does my probation continue in my new state? Alternatively, if you are currently serving probation in another state, is it possible to move to Texas?
The short answer is yes, it is possible to move from one state to another while on probation. Texas is part of a legal agreement known as the Interstate Compact for Adult Offender Supervision. This is basically a contract between the 50 state governments and the District of Columbia that makes it possible to transfer probation from one jurisdiction to another.
Can Someone On Probation Leave The State
In the case of a felony probation, in most situations the conviction has already resulted in the arrested person serving jail time at a state prison.
This means there may or may not be a higher flight risk associated with that individual. This means that if they are allowed to leave the state unsupervised, it is likely that they will violate probation and go into hiding to avoid serving the rest of their probation sentence or subsequent jail time.
If an individual is considered a flight risk, the formal terms of the defendants probation might actually outline theyre not allowed to leave the state under any circumstances. That being said, a lawyer can still contact the County Court for serious emergencies and submit a request for consent.
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Can You Request A Reduction In Your Probation To Join The Military
Your ability to join the military is conditional upon many factors, including your medical history, family status, educational attainment, and others. Some of these are static and may permanently disqualify you from service. While your legal status is not, it is generally settled that no branch of the military will accept your application while you remain on probation. If you wish to request a reduction in your probation to join the military, you must either:
After your probation has expired, your ability to join the military may be dependent upon the nature of the crime for which you were convicted. If it was a felony or a serious misdemeanor, it may disqualify you from service for as long as it remains on your criminal record. Youll need to speak with a qualified lawyer or a recruiter for case-specific information on this rule.
Factors That Assist Felons To Join Military
1 Felons can join Military forces if they complete certain basic requirements.
2 Felons require a waiver that cleans their criminal record.
3 They require letters of recommendation which certify their good character.
4 Felons must undergo a suitability review process.
5 Felons face challenges while joining the Air Force since recruiters are very picky and choosy for Air Force.
6 They find it difficult to join the Air force with a criminal background.
7 Felons with minor felonies hold a fair chance to join Army and Marines.
8 These branches of the Military help felons to uplift their lives and re-establish their career along with serving society.
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Q: What Happens If My Probation Is Revoked
A:A revoked probation does not automatically mean you will be sent to jail. A judge has a variety of options available during sentencing. For instance, upon a revoked probation, a judge may add an extra length to the probation, impose additional fines, or require you to get counseling or attend other treatment programs. Alternatively, a judge may order you to spend a brief period of time in jail, or require you to serve the time allotted on your original sentence, depending on the circumstances.
Re: Trying To Join The Army While On Probation
Your friend needs to talk to his PO. Being on Probation does not disqualify for the military. How ever what ever he was charged with may disqualify him. Also his PO can grant him the ability to go to basic training. He would still have to report in to his PO. But his PO can grant him the ability to call in his report rather then showing up for his report dates. The thing is the Army would have to allow this privelage while he is in basic training. Sorry to say it maybe easier for your friend to stay clean and successfully complete his 13 months of probation and then go to basic training. He can talk to the recruiter about the Delayed Entry Program. This program allows him to enlist but delay his basic training until he completes his probation.
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