The Value Of Legal Representation
If you’re interested in enlisting or are currently serving in the military, access to skilled legal representation is vital in minimizing the negative effects of a reckless driving charge. T. Kevin Wilson is committed to helping Virginia drivers handle both misdemeanor and felony reckless driving charges. Call today to schedule a free, no-obligation initial case review.
Lying And Fraudulent Enlistment
Some may lie about their history to a recruiter. And some may even get away with the lie long enough to be given a slot in basic training and beyond. But those who think theyve succeeded in these instances often do not realize that they can be punished for fraudulent enlistment long after basic training is complete.
Fraudulent enlistment is listed under Article 83 of the Uniform Code of Military Justice and is punishable by dishonorable discharge, and up to two years of confinement.
How is fraudulent enlistment detected? It depends on the deception. In cases where a military member lied about their physical condition and the deception is later uncovered through a physical exam or other means, it may be reported via military medicine channels. In cases where someone lied about a criminal record and later requires a background investigation for a security clearance, the vetting process may reveal the fraudulent enlistment.
However it is uncovered, the punishment may vary depending on the nature, severity, and visibility of the issuethe process requires actions at varying levels of the chain of command up to and including your base or area commander depending on circumstances.
Can You Join The Military With A Felony
Moral standards are extremely important to the military, and for good reason. If it werent for their strict standards, there would be higher chances of desertion, disciplinary issues, security risks, or even disruption of order. Unfortunately, having a felony conviction on your criminal record can come off as a major red flag to military recruiters. With a felony the most grievous charge for a crime it may disqualify you from service.
You May Like: Does Cox Offer Military Discounts
Will A Civilian Misdemeanor Conviction Get You Kicked Out Of The Military
Everyone faces negative consequences for criminal convictions. There are not only the legal punishments for the conviction, but societal consequences, as well. Criminal convictions and records can impact employment, housing and educational opportunities. When the person being accused of a civilian crime is also a military servicemember, the consequences can be, in many ways, two-fold. The servicemember must contend with the same civilian legal system as everyone else does, but they will also have to deal with the negative consequences handed out by the branch of the military in which they serve.
If youre wondering whether a civilian misdemeanor conviction will get you kicked out of the military, you are likely facing some type of criminal charge. The answer to this question usually depends heavily on the specifics of your situation, so the best advice one could give is for the servicemember to contact an attorney who handles military cases as soon as possible.
The Military Defense Law Offices of Richard V. Stevens is here to help. We represent military personnel in all branches with a wide range of military legal issues. Once we know more about the specifics of your case, we can walk you through your options. However, there are a few things you should know about possibly getting discharged from the military after being charged with a civilian crime.
What Military Branch Accepts Felons Can You Join The Military As A Felon
Like other applicants, you must undergo an in-depth moral screening. Your criminal background will be extensively reviewed by recruiters, and you may have to sit through an additional interview.
For this, you must disclose all your arrests and charges. Do not leave out anything, including those that have been expunged, dismissed, pardoned, or sealed. If you withhold or provide any false information, you will add another offense to your record.
There is a strict procedure in place to thoroughly check all applicants backgrounds, so lying is not an option. Do not even think of it!
Whether you have a chance of joining the military with a felony depends on the severity and nature of your convictions. Certain crimes are deemed unacceptable and make it impossible for you to enlist. However, there are exceptions for some crimes.
Also Check: Sears Exercise Equipment Coupon
Fighting Back In Your Minnesota Drug Case
As mentioned above, your best chance of entering the military is through avoiding any form of criminal conviction. Often, this means fighting back against a drug charge by taking your case to trial. If you are able to win your case and avoid a conviction for a misdemeanor drug offense, you could greatly increase your chances of successfully joining a branch of the armed services.
There are numerous ways to fight back against a misdemeanor drug charge. One of the most common defenses in these cases involves asserting your constitutional rights. The 4th Amendment to the United States Constitution protects you from unlawful searches or seizures. If your vehicle was stopped or your home was searched illegally, any evidence found could be excluded at your trial. Removing the evidence against you could represent your best opportunity to obtain a favorable outcome in your case.
Can You Join The Military With A Misdemeanor Drug Charge
A waiver is required for any candidate for enrollment in the US Army who has two, three, or four civil convictions or other unfavorable dispositions for a misdemeanor offense. The recruiting battalion commander, acting commander, or executive officer possesses waiver approval power. There is potential for a felony offense to be waived as well, but the authority for approval is considerably greater while the chances of approval are much smaller.
Read Also: Can A Person With Autism Join The Military
Moral Standard For Enlisting
In order to join the military, candidates must meet a certain criteria. The law classifies felonies as offenses of moral turpitude. However, the army will still consider applications on an individual basis. In other words, there arent any general rules that prevent felons from enlisting . First of all, during the interview, recruiters ask applicants about their criminal history. After that, they conduct a background check. If the applicant is a convicted felon, the army will consider several factors.
In short, the military wants to avoid hiring people that have disciplinary problems, pose a security threat, or otherwise disrupt the activities and morale of the armed forces. This is not to say that felons are automatically excluded. Instead, the recruitment process determines whether a convict learned from their past, became a better person, and therefore meets the militarys moral standards. To further illustrate, here is an example. A felon that is guilty of a violent crime or weapons violation must show that they dont pose a security threat, especially when they apply for a job that requires them to handle firearms and guns. To do so, the felon would highlight that they finished their sentence, attained a new job, and regularly engaged with society without causing any threats or harm.
Us Army Drug Disqualifiers
The U.S. Army rejects applicants who have a felony history of selling, distributing or trafficking cannabis or controlled substances. Disallowed felonies also include conviction for murder, rape, arson and aggravated assault. Examples of other substance abuse disqualifiers include a history of chronic marijuana use.
Applicants will be turned down if they were discharged from another branch of the military for reasons related to drug or alcohol abuse or rehabilitation relapse while on active duty. Further, applicants cannot have three or more violations for impaired or drunk driving within the last five years. The Army generally turns away applicants who have five or more misdemeanors of any kind.
Don’t Miss: Sears Military Discount Appliances
Military Service And Addiction: What You Should Know
When it comes to serving your country, sobriety is a prerequisite.
Addiction is an equal-opportunity affliction. It can and does impact people from all walks of life. For certain careers, however, substance use and abuse can present special challenges. One such path is the military. Heres a closer look at the topic of military service and addiction.
An Official Position
The Department of Defense is firm in its position that drug and alcohol abuse is against the law violates the behavioral and performance expectations of a member of the US military is detrimental to physical, mental and mental health and jeopardizes the safety of users as well as those around them. It follows that it is the US militarys position not to condone the illegal use or abuse of drugs and alcohol.
Substance Use and Military Enlistment
When you join the military, you will undergo a thorough screening, which will cover drug and alcohol use and abuse. Your recruiter will almost certainly ask you if youve used illicit drugs and/or if youve been charged with or convicted of a drug-related crime. You can also expect to be asked whether youve ever been dependent on drugs or alcohol and if youve ever sold or trafficked drugs.
Its important to note that the most important thing in this process is honesty. Lying can lead to a dishonorable discharge if the lie is discovered at any point.
Active Military and Substance Use Disorders
Can I Join The Navy With A Misdemeanor
As with the military, you will not necessarily be prevented from enlisting in the Navy by having a misdemeanor on your record. If you wish to join the Navy, you are required to disclose all arrests or charges you have faced, even if they are dropped or rejected.
If you have any fees that have not been dropped or rejected unconditionally, you may be required to apply for a waiver for enlistment. The Navy requests a waiver if you have three or more minor, non-traffic infractions and minor misdemeanors combined. Waiver is also required for any non-minor misdemeanor. With any of these on your record, you will not be permitted to enlist until your assignment is approved.
Recommended Reading: Autism Military Enlistment
Obtaining A Waiver For A Misdemeanor Drug Conviction In Mn
Not every person convicted of a crime will be granted a waiver to join the military. This decision can be subjective, but there are certain factors that go into granting these waivers. Your criminal history is the first and foremost issue. While a single conviction might lead to a waiver, a lengthy criminal history could cost you any chance of joining the military.
The severity of the charges against you are also important. Each of the service branches are more likely to grant a waiver for a misdemeanor than a felony. The process for obtaining these waivers differs from one branch to another. Likewise, the rank of officer with the power to sign off on a waiver also varies across the military. A recent trend has seen higher-ranking officers delegate the power to grant these waivers to subordinates in an effort to increase recruiting.
What Determines A Misdemeanor
The above list is intended as a guide. Offenses of comparable seriousness should be treated as non-minor misdemeanors. In doubtful cases, the following rule should be applied: If the maximum confinement under local law exceeds 4 months but does not exceed one year, the offense should be treated as a non-minor misdemeanor.
The motor vehicle offenses of taking or withholding a motor vehicle without authority and with intent to temporarily deprive the owner of his or her property. These are not offenses where the offender intended permanently to deprive the owner of the motor vehicle, or steal. Offenses of the latter nature are included in grand larceny or embezzlement involving a value of over $500, listed in Chart D, Felonies.
Any vehicle offense may be treated as a lesser offense if offense did not involve drugs, alcohol, and reckless endangerment, speeding in excess of 15 miles over the posted speed limit, bodily harm to any person or property damage in excess of $500.00.
Recommended Reading: Cox Internet Military Discount
Consequences Of Failing A Drug Test In The Military
The drug test must reach a certain level to be positive. Even if there are drugs in someones system, if the level is below a certain threshold, it will come back as negative. If the test does reach that level and is positive, this signifies that the service member failed the drug test. As a result, the service member in question may face detention, pay reductions, involuntary dismissal, or other consequences, depending on the circumstances.
Air Force members, either non-commissioned officers or officers, who test positive for hard drugs like LSD, cocaine, MDMA, etc., will most likely face court-martial charges. Airmen or other lower-ranking members who test positive for marijuana often face Nonjudicial punishment in accordance with Article 15 and discharge. Navy or Marine Corps members who fail a drug test will likely face Mast/NJP and an administrative discharge proceeding. Army and Coast Guard members of any ranking generally face Nonjudicial punishment in accordance with Article 15 and an administrative discharge, as well.
Complete Guide To Moral Conduct Waivers In The Army
As moral conduct waiver lawyers, the attorneys at National Security Law Firm are frequently asked whether a past criminal record will prevent someone from joining the Army. Often times, a criminal record can disqualify someone from being eligible to serve in the Army. In many cases, however, it is possible for Army recruits to obtain a moral conduct waiver, which allows them to overcome this disqualification. This article serves as a complete guide to the Armys moral waiver process.
The Army provides its service members with opportunities to travel the world, define their careers, and achieve success in life. Like any other job or career, however, there are some basic requirements that must be met in order to join the Army. These requirements can range from the applicants physical fitness to their criminal backgrounds.
During the recruitment process, individuals who wish to join the Army will talk to a recruiter, attend Basic Combat Training , and choose their Army job. In general, there are six steps to becoming an Army Soldier:
To become an Army Officer, on the other hand, recruits will take the following steps:
Recommended Reading: Military Discount Cox
How A Reckless Driving Attorney Can Help Those Charged With Reckless Driving While In The Military
If you’re hoping to enlist or are currently serving in the military, don’t simply pay your ticket and accept the consequences. An experienced reckless driving attorney can help you build a strong defense, using strategies such as a speedometer calibration or agreeing to complete a driver improvement clinic. You may be able to have the charge reduced to a lesser infraction such as improper driving or dropped all together. To learn more, call to schedule a free, no-obligation initial consultation with Virginia attorney Charles V. Hardenbergh.
Enlisting In The Military
Criminal record or no, all who want to enter military service are required to submit to a background check which includes questions about past legal issues. You are likely to be asked, in a recruiting office setting or something similar to it, the following question:
Have you ever been charged, cited, arrested, fined, or held in custody by a law enforcement agency or official?
Answering that question truthfully is a step closer to a successful enlistmentlying about your background doesnt help as the background investigation will uncover any official records that are accessible which may or may not include sealed or expunged records. Sealed or expunged status is not a guarantee the record wont come up in the investigationfailing to disclose these can hurt your chances at being accepted into the military.
Read Also: Cox Veterans Discount
Can You Join The Army With A Dui
The abuse of alcohol is incompatible with US Army values. For this reason, it might be hard to qualify for positions in the army.
However, the army is perhaps the most lenient compared to other branches, when it comes to DUI offenses.
This is particularly true if you are a first time offender with no other conviction records related to DUI.
Notably, you may only apply if its your first DUI conviction. If you had 2 DUIs or more, you might not be able to serve in the US Army.
Related Article20 Health Conditions That May Disqualify You From Military
You may also have to meet an army recruiter to initiate a waiver request. Full disclosure is pivotal when requesting a waiver to join the army.
It is important that you disclose information about the incident and indicate any positive actions taken to make changes to your behavior.
Any future DUI misdemeanors will automatically lead to far-reaching consequences, including dismissal from the army.
Based on the information that you provide, the recruiter will be able to judge your character and either approve or reject your waiver request.
After joining, you must serve the army for at least three years before you may be considered for Officer Candidate School.
Military Criminal Record Waivers
Applicants seeking waivers may still try to enlist, but they cannot unless their waivers are approved. Applicants must prove that they have overcome their past histories and that being accepted would be in the Armys best interests. Authorities look at the whole person, rather than the individual acts themselves.
When the applicant is first interviewed by a recruiter, the recruiter will ask if there are any arrest records, traffic violations, pending or dismissed conviction charges, juvenile court adjudications or probation periods. If the applicant does admit to something , the recruiter must contact law enforcement agencies for a complete criminal record.
If a waiver request is possible, it needs to be completed and then be approved by the Commanding General of the Army Recruiting Command or the Recruiting Battalion Commander. Disapproval equals disqualification. If the waiver gets turned down, there is no appeal process available.
Recommended Reading: Does Sears Do Military Discount