Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > Military Prison & UCMJ > Military Prison/UCMJ - What You Need to Know
Register Entertainment FAQ Calendar Mark Forums Read

Notices

Military Prison/UCMJ - What You Need to Know Information relating to the military/UCMJ prison system. Q&A for those new to the system should be posted here.

Reply
 
Thread Tools Display Modes
  #1  
Old 10-24-2006, 09:41 AM
prdrmewf prdrmewf is offline
Registered User
 

Join Date: Sep 2005
Location: husband was in NC.
Posts: 1,141
Thanks: 0
Thanked 0 Times in 0 Posts
Default Felony and the Army - Can you rejoin?

Does anyone know of anyone who has went into the Army with a felony charge or has been allowed to rejoin?
Reply With Quote
Sponsored Links
  #2  
Old 10-24-2006, 03:06 PM
FriscoLady's Avatar
FriscoLady FriscoLady is offline
Account Closed
Donation Award 
 

Join Date: Apr 2002
Location: Out there somewhere
Posts: 9,630
Thanks: 2,289
Thanked 2,385 Times in 1,088 Posts
Default

Not that I know of, however, in the old days the courts used to give you a choice the military or prison.

Who knows with this war going on it might be possible, but I doubt it.

Patti
Reply With Quote
  #3  
Old 10-24-2006, 07:37 PM
prdrmewf prdrmewf is offline
Registered User
 

Join Date: Sep 2005
Location: husband was in NC.
Posts: 1,141
Thanks: 0
Thanked 0 Times in 0 Posts
Default

I will keep you updated as we sure are going to give re-joining a try.
Reply With Quote
  #4  
Old 11-30-2006, 11:16 PM
ryanNmiami ryanNmiami is offline
Graphics Volunteer
 

Join Date: May 2006
Location: Florida, USA
Posts: 98
Thanks: 0
Thanked 3 Times in 3 Posts
Default

It's going to "hurt" for all the services. But, some services it will make it "impossible," while other services, it may still be possible, depending on the circumstances of the case.

Nobody can say with any guarantee. In large part, it's going to depend on the circumstances of the case.

Your recruiter can apply for a "Morals waiver" there are 5 levels of offenses level one being the most serious and declining examples of a level 1 offense would be bribery,murder,burglary,kidnapping while a level 5 would be things like traffic violations.

The Army is going to want to view the arrest record, as well as the court record in making their decision. Based on such, they'll decide whether they think you actually committed the offense, or not, and your waiver request will be based on that evaluation.

Assuming a waiver is required, whether or not a waiver is approved is based on several individual factors, including the exact circumstances of the offense, the age of the offender at the time, how much time has passed, the applicants other qualifications (ASVAB scores, college credits, etc.), and how bad that particular service needs this particular warm body, at this particular point in time.

In other words, the more a particular branch needs recruits, at that time, the more likely they are to favorably consider a waiver request. Assuming a waiver is required, based on the current recruiting situation, the chances of waiver approval for each of the branches (from most favorable to least favorable) are (in my opinion) as follows:

Army National Guard
Army Reserves
Navy Reserves
Active Duty Army
Marine Corps Reserves
Marine Corps Active Duty
Active Duty Navy
Air National Guard
Air Force Reserves
Coast Guard Reserves
Active Duty Air Force
Active Duty Coast Guard

hope this helps
__________________


Reply With Quote
The Following User Says Thank You to ryanNmiami For This Useful Post:
Second_chance55 (11-20-2009)
  #5  
Old 12-05-2006, 02:55 PM
Ruhlman Ruhlman is offline
Registered User
 

Join Date: Sep 2006
Location: New Jersey, USA
Posts: 15
Thanks: 0
Thanked 0 Times in 0 Posts
Default

If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.
Reply With Quote
  #6  
Old 12-10-2006, 10:28 PM
DeNada DeNada is offline
One Day At A Time
 

Join Date: Jul 2003
Location: Tennessee
Posts: 634
Thanks: 7
Thanked 61 Times in 39 Posts
Default

Ruhlman,
You make a good point. Under the Violence Against Women Act, any person convicted under any domestic violence statute (misdemeanor or felony) is strictly prohibited from possession or purchase of a weapon of any kind. No exceptions. I've had clients who want to keep their hunting rifles and have been instructed in no uncertain terms that they cannot. Our judges tell defendants all the time that the conviction will prevent them from enlistment in the armed forces, law enforcement, etc.
__________________
"Some things you just have to live through, and when they're done, they're done."
****************************************
The information provided is not legal advice and you may not rely on it as such. It is strongly advised if you have need of legal assistance to consult an attorney.
Reply With Quote
  #7  
Old 12-14-2006, 11:24 PM
ryanNmiami ryanNmiami is offline
Graphics Volunteer
 

Join Date: May 2006
Location: Florida, USA
Posts: 98
Thanks: 0
Thanked 3 Times in 3 Posts
Default

Quote:
Originally Posted by Ruhlman
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.
Actually, as far as federal law concerned it is *possible* for the military to waive up to 1 Felony count . It is a case to case basis and its not likely. There are some Felonies like the ones in level 1 which are not likely to ever be waived. In the same breath, id like to mention that weather you were just arrested for an offence or weather you were *convicted* holds no weight... they look at the arrest report and court reports.. if you got off on a technicality or pled no contest it doesnt make any diffrence.

I am just trying to answer this question from the military's policy..
__________________



Last edited by ryanNmiami; 12-14-2006 at 11:32 PM..
Reply With Quote
The Following User Says Thank You to ryanNmiami For This Useful Post:
Second_chance55 (11-20-2009)
  #8  
Old 02-25-2007, 11:47 PM
ExUSDBmember ExUSDBmember is offline
Registered User
 

Join Date: Feb 2007
Location: TX, USA
Posts: 36
Thanks: 0
Thanked 4 Times in 4 Posts
Default

Quote:
Originally Posted by Ruhlman
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.
There are exceptions of USC 18 924(g) that allow for police exemption to carry firearms in the line of duty.
Reply With Quote
  #9  
Old 01-23-2009, 12:37 PM
11Charlie87's Avatar
11Charlie87 11Charlie87 is offline
Student of life
 

Join Date: Jan 2009
Location: NV, USA
Posts: 43
Thanks: 16
Thanked 22 Times in 15 Posts
Default

I researched this very thing this month, even calling a UCMJ specialized law firm in VA Beach, VA. I also got a rejection from the the top of US Army recruiting command last week. Dishonorable Discharges are not open to waivers for re-enlistment according to what I have been told (Emphatically at that) or read. Waivers are for civilian offenses only. I would think that if you had been SF or something specialized then you would have a much better chance at getting back in, but for us regualr smucks - forget it.
Reply With Quote
The Following User Says Thank You to 11Charlie87 For This Useful Post:
Second_chance55 (11-20-2009)
  #10  
Old 06-14-2009, 08:41 PM
fallensoldier fallensoldier is offline
Registered User
 

Join Date: May 2009
Location: Pineville, NC
Posts: 86
Thanks: 7
Thanked 43 Times in 25 Posts
Default

Not true...possession of firearms is handled at state levels.

Quote:
Originally Posted by Ruhlman View Post
If you are a convicted felon, you are, per Federal law, prohibited from possessing firearms. As far as I know, there is no exception in the law for members of the military. The same can be said of those convicted of misdemeanor domestic violence charges.
Reply With Quote
  #11  
Old 06-14-2009, 08:43 PM
fallensoldier fallensoldier is offline
Registered User
 

Join Date: May 2009
Location: Pineville, NC
Posts: 86
Thanks: 7
Thanked 43 Times in 25 Posts
Default FallenSoldier

Felony conviction under the UCMJ or as a civillian? It does make a difference.



Quote:
Originally Posted by prdrmewf View Post
Does anyone know of anyone who has went into the Army with a felony charge or has been allowed to rejoin?
Reply With Quote
  #12  
Old 06-15-2009, 05:46 PM
DeNada DeNada is offline
One Day At A Time
 

Join Date: Jul 2003
Location: Tennessee
Posts: 634
Thanks: 7
Thanked 61 Times in 39 Posts
Default

Fallensoldier,
While weapons charges are, generally, state offenses, the feds can/will pick it up in a lot of cases. From my experience, there needs to be a criminal history involving crimes of violence or drugs before they are interested. If they do decide to prosecute, they are very tough to negotiate. No double jeopardy, either (try to convince the average defendant of that!). Any sentence as a result of plea or conviction is usually run consecutive to any underlying charge.
__________________
"Some things you just have to live through, and when they're done, they're done."
****************************************
The information provided is not legal advice and you may not rely on it as such. It is strongly advised if you have need of legal assistance to consult an attorney.
Reply With Quote
  #13  
Old 08-13-2010, 06:13 PM
Ranaeb2 Ranaeb2 is offline
Registered User
 

Join Date: Aug 2010
Location: FL, USA
Posts: 14
Thanks: 5
Thanked 14 Times in 2 Posts
Default My Son at Charleston Brig

Quote:
Originally Posted by ryanNmiami View Post
It's going to "hurt" for all the services. But, some services it will make it "impossible," while other services, it may still be possible, depending on the circumstances of the case.

Nobody can say with any guarantee. In large part, it's going to depend on the circumstances of the case.

Your recruiter can apply for a "Morals waiver" there are 5 levels of offenses level one being the most serious and declining examples of a level 1 offense would be bribery,murder,burglary,kidnapping while a level 5 would be things like traffic violations.

The Army is going to want to view the arrest record, as well as the court record in making their decision. Based on such, they'll decide whether they think you actually committed the offense, or not, and your waiver request will be based on that evaluation.

Assuming a waiver is required, whether or not a waiver is approved is based on several individual factors, including the exact circumstances of the offense, the age of the offender at the time, how much time has passed, the applicants other qualifications (ASVAB scores, college credits, etc.), and how bad that particular service needs this particular warm body, at this particular point in time.

In other words, the more a particular branch needs recruits, at that time, the more likely they are to favorably consider a waiver request. Assuming a waiver is required, based on the current recruiting situation, the chances of waiver approval for each of the branches (from most favorable to least favorable) are (in my opinion) as follows:

Army National Guard
Army Reserves
Navy Reserves
Active Duty Army
Marine Corps Reserves
Marine Corps Active Duty
Active Duty Navy
Air National Guard
Air Force Reserves
Coast Guard Reserves
Active Duty Air Force
Active Duty Coast Guard

hope this helps
Thank you, this will help me tremendously.

Ranae in FL
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -6. The time now is 10:24 PM.
Copyright © 2001- 2013 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics