Military Waivers, the Lautenberg Amendment, Recruiting?
Here's the plain facts. Hopefully this will be answered by somebody(s) in the know. Perhaps someone from military recruiting... Or someone with valid experience.
Here's the facts (devoid of the usual, "it was the cop", "it was someone else's fault" and bologna to that effect)...
5 years ago I was charged with DV. Was offered a deal I couldn't refuse, plead guilty to disorderly person, in 5 years (per my lawyer-stay good, as I was prior to-no runs ins with police before or since) there's a VERY good chance to have it expunged. Seemed much more affordable in the long run than fighting. Especially after being advised by my attorney (in Michigan) that it (DV) WILL be prosecuted, it HAS to be, by state law, to the end. No exceptions... except...The reason for the offer was a shaky prosecutors case. Nonetheless, I took the deal and do not regret it. The reason for the charge was in fact a domestic dispute. No injuries, no weapons, no hitting, kicking, no threats-we were both however wrestling with each other. No debate there. In all reality, people have been nailed to the cross for much less in DV cases, and guys that deserved much more have gotten away with it. (Re: Offer I couldn't refuse, alternative, I couldn't afford). It was a bad time and situation, but we have been together ever since (married w/children, NEVER another incident-EVER). Was simply a bad time for both of us, and we've moved on and grown together (not that that is pertinent, just wanted to get that out there).
So, I finally made the big decision and went to the recruiting center. During the initial Q&A I disclosed my record for disorderly person. It lead to further conversation, and the original charge was disclosed. (I made no attempt to be deceptive about it, I knew it would likely come up anyhow). The recruiter was a complete professional, and sensitive to the situation and lowered her voice as not to embarrass me by others being able to hear the conversation. Obviously she recognized the stigma attached to this issue. Anyway, I was then told (professionally) that there was nothing she could do. I was, under current standards, disqualified and there was nothing she could do. Due to the Lautenberg Amendment (Act). I was quite stunned, seeing as only a week ago cable news did a profile on all the gang bangers that were granted waivers in years recent past, and how the military is diligently trying to weed them all out-but having little success due to many having a code of silence. Moving on... I thanked the recruiter, and left-pretty dejected. Now I know I am not subject to the fire arms restrictions under the Lautenberg Amendment-I was not convicted of domestic violence, and I have since legally purchased hunting rifles-with all applicable background checks. (Form 4473 etc). "Clean as a whistle", as it were.
Now I also fully recognize that the military is not a revolving door employer, subject the to same rules as other employers, so I hear ya there if that's what you want to tell me. I know a charge of something big is equal to actually having been convicted. Just to get that out there too...
So, hopefully I've given the full picture...
Here's my issue. I understood what the recruiter said, but just for my own piece of mind (based on something she alluded to, visa-ve, "two years ago I may had been able to get you a waiver. Check back in a year)... I thought that was odd-because I was leaving with the notion that this was a done deal. Fate sealed. So I started calling recruiters in other states and telling them the full story of my specific situation. I called Army, Marines and Navy (no Air Force, nothing personal, just easier to find the others). I would say 60% told me the, to varying degrees, same thing as the one I went to in person. The other 40%.... VERY different story. One Navy recruiter two states over (not throwing anyone under the bus with this post) said quote, "Oh, no. You've been misinformed (tld him it was simply a friend that told me I was disqualified) you' need to request a waver. You weren't convicted of DV, and you are not disqualified from gun ownership or possession-there is no guarantee, but you are not automatically disqualified. That would be subject to approval from higher up".
I see a lot of posts on here about very specific situations, but like my experience today, none have been able to answer my question. And neither did calling around to different recruiters in different regions. The closest I can assess from memory was 60% said "disqualified automatically", 40% said "not automatically disqualified". Generally, I would say majority rules, but, you've got to understand how disappointing this experience of not even getting my foot in the door was, then recieving mixed messages.
Any experienced feedback would be appreciated.
Thanks.
The "conviction" (disorderly person, is approaching 5 years. My attorney was obviously careful to say, "may be able too", As for firearms, I have made three fully legal, from federally licensed dealers in the past 4 years. Most recently, 4 months ago. Mossberg short barrel. No issues whatsoever. So, obviously there even more mystery at the root of this all. Because before today, I'd never heard of this amendment. And I most certainly would have when I purchased a firearm months after my conviction on DP. I had it explained on another forum that even if it was expunged, the charge will still be found by the military-BUT one guy telling me ask for a moral waiver, another saying "you're done until they get desperate again". And the wheels on the bus...
Thanks for your answers so far guy, sincerely appreciated from a total stranger.
What are the chances of doing time in Arizona with a first offense on a DUI and no priors of any sort?
My daughter got a DUI in January and since we cant afford an attorney I need to know what shes looking at if convicted or how should she plea. Shes never been in any sort of trouble and was under the influence of marijuana when she got stopped. I live in Texas and cant do much from here except from my computer. Can anyone give me some guidance or someone I can call that can help? I dont have the money for an attorney and need to work fast because she didnt want to worry me and just told me last nite and her court is in 1 week on 4/29.
Thanks for reading my plea.
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Why does Obama bash Arizona?
Maricopa County, Arizona District Attorney's office released crime statistics of the following in 07.
Overall, while illegals represent only >> 9% << of the population in Maricopa County (which includes Phoenix) they are responsible for approximately >> 22% << of the crimes committed against U.S. Citizens and the state.
Here is a breakdown of statistics by crime category. Illegal aliens account for:
33.5% of those sentenced for manufacture, sale or transport of drugs.
35.8% of those sentenced for kidnapping.
20.3% of those sentenced for felony DUI.
16.5% of those sentenced for violent crimes.
18.5% of those sentenced for property crimes.
44% of those sentenced for forgery and fraud.
85.3% of those convicted of criminal impersonation or false ID.
96% of those convicted of human smuggling.
-----> "Arizona citizens said they cannot continue living in a lawless state where citizens must fend for their lives every day. Illegal aliens disrupt schools, overwhelm hospitals and spill out of Arizona prisons. Over a week ago, an illegal alien migrant shot Arizona rancher Rob Krentz to death in a brutal execution. In the last few years, Arizona police officers, like Nick Erfle, suffer death at the hands of illegals."
"“The responsibility to ensure that we have an orderly, secure border – not just some imaginary line or a rickety fence – belongs to the federal government, and they have failed,” Brewer said, who asked five times for President Barack Obama to deploy troops." Obama ignores it.
http://www.mcaodocuments.com/press/20081002_a.pdf
8 U.S.C. § 1325 : US Code - Section 1325
http://codes.lp.findlaw.com/uscode/8/12/II/VIII/1325
It appears that protecting illegal aliens is a bigger priority than protecting your own citizens. WHY IS THAT?
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Dismissed DUI Case Reopened, Arizona?
A dui charge I had in april 2007 was dismissed as my attorneys records show. Now 3 years later I get a letter saying that i've had a warrant out for my arrest, on my failure to show up to a hearing, since May 2008!
Neither I nor my Attorney was contacted and all this time I've had a warrant out for my arrest...
I'm in the process of getting the warrant quashed and setting a hearing date for the reopened case.
Can this be done!? A case reopened with zero notification to myself nor my attorney!?
Probation Violation in Las Vegas ?
I read up on the laws concerning Probation violations in Las Vegas. However, I am being told different things from different people.
I was told that my friend already had an arraignment for her DUI from the PO's supervisor.
I was told there is no arraignment for a probation violation.
I was told that Parole and Probation take their time in scheduling a court date.
I was told that Parole and Probation has up to 45 days to schedule a court date (I guess from the arrest date-not the date of the incident).
I was told that it could take up to 60 or 90 days to schedule a court date.
I callrd the detention center and they say it's up to Parole and Probation to schedule a court date.
I called to Parole and Probation and they say it's up to the court to schedule a court date.
What should I believe? I have no clue how long this will take. My stomach is in knots.
She has a lawyer and I was told that they are trying to get her counselling since she was paying all of her monthly fines, she was working full time with a good job, she was taking care of her family and she was going to all of her PO meetings back in the summer of this year. (They PO meetings only lasted about 13 weeks). I was told that she was doing really good (which I already knew).
Also I have a few other questions.
I was told that people in CCDC can not make collect calls out of state. I am in Southern California. Can they only make collect calls to Nevada? I wrote her a letter informing her that she can call me collect.
Is there any difference from the 1st floor to the 4th floor? I mean are certian kind of inmates on floor 1 and others are on floor 2, etc? She is on the 4th floor. I do not even know if she has a cell mate or not.
What is the best that I can expect in time wise for a court date so I can go. (I was told from the PO that I can go if I wanted to). I am hoping for a time before Christmas.
Thank you
Oh also. Not sure if her plea was guilty or innocent on the DUI charge. I was told that that plea would impact her stay in CCDC. Appeartly, they process the new charges first then take care of the probation.
I use www.accessclarkcounty.com almost everyday! I love that site!
The other two web pages are either AOL webpages or they just do not work or the server is not working. I do not know. I don't use AOL.
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