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Attorney-Expert
Attorney-Expert, Attorney
Category: Legal
Satisfied Customers: 1952
Experience:  Twelve years of computer engineering, mediation and the law certifies me for dispute resolution and litigation questions
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Ms., I am wondering what consequences and issues i will have

Customer Question

Hello Ms. Wilson, I am wondering what consequences and issues i will have to deal with regarding being arrested for 'child abuse' as a soldier on a military post. CPS came and inspected, and gave me clearance, Un-founded, and rightly so. However, about 3 moths later the JAG courts came back with having conducted 'their own investigation' and found me quilty. No hearing, no trial, no questions. My commander said she had to punish me, so i was given several things, reduction of rank and pay etc. BUT these were ALL 'suspended'. I am confused about whether i am a criminal now as a child abuser...or clear to apply for jobs, school etc and provide for my child!
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Washington state
JA: Has anything been filed or reported?
Customer: On Ft lewis where the arrest occured
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Legal
Expert:  Attorney-Expert replied 2 months ago.

Hello and thank you for your question. My name is ***** ***** I want to make sure you receive excellent service today. Are you online with me?

Customer: replied 2 months ago.
Hello Brandon, yes i am online.
Expert:  Attorney-Expert replied 2 months ago.

What likely happened is that they issued a nonjudicial punishment against you. This is a type of administrative discipline that can be used against you, which allows you the opportunity to accept the punishment, or ask that your case be taken to court-martial. They likely gave you the option to give your commander an answer within a certain number of duty days whether you will accept the punishment. Do you believe this is what happened to you?

Expert:  Attorney-Expert replied 2 months ago.

Did they use words like Article 15?

Expert:  Attorney-Expert replied 2 months ago.

If so, then you need to decide if you want to accept it or fight it. If you accept it, this does not constitute a criminal conviction. If, however, you fight it and loose, it could end up resulting in a criminal conviction.

Customer: replied 2 months ago.
i received an art 15, but all the punishments listed were put off by the commander, and later i received an honorable discharge.
Expert:  Attorney-Expert replied 2 months ago.

So no, you are not a criminal now as a child abuse and you do not have to register with the sexual registry. However, efven though this is not a true conviction, many law enforcement agencies and federal offices will ask you about this which may ultimately result in an inability to secure this type of employment.

Customer: replied 2 months ago.
I am now begining school and am wondering if this charge/arrest is something that will have an impact on my application for Veterinarian school...
Expert:  Attorney-Expert replied 2 months ago.

In the paperwork, they will ask you if you have ever been convicted of a crime. What has happened to you is not considered a conviction, so you can legally say no.

Expert:  Attorney-Expert replied 2 months ago.

So no, it will not have an effect on veterinarian school. In search for employment, however, if it is a federal job, they will have access to these records, and they will likely deny you employment

Customer: replied 2 months ago.
ok! Thank you!
Expert:  Attorney-Expert replied 2 months ago.

I am glad that I could help. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Expert:  Attorney-Expert replied 2 months ago.

Have a wonderful rest of your day.

Customer: replied 2 months ago.
ok.
Expert:  Attorney-Expert replied 2 months ago.

I do want to mention, however, that you may want to consider fighting this, as even though it is not a criminal conviction, allowing it to stand could make you ineligible for your MGIB or other vet benefits. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with. Of course, how to proceed from here is entirely up to you.

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