Thursday, March 10, 2011

Battery Domestic Violence Cases and Armed Forces Enlistment

There are clearly serious ramifications for Battery Domestic Violence convictions in the civilian world which this blog has discussed on numerous occasions, but there are also serious ramifications for much less than a conviction if you want to enlist in the military.  In the case of the Air Force, a moral eligibility determination (MED) will be made "on each applicant whose moral suitability is in question."  It is clear that the Air Force wants to see everything.  If you have ever been charged with a crime, they want to know about it regardless of the disposition.  The Air Force does this, "To protect the Air Force’s interests, MEDs are made on available information about a person’s conduct rather than on the outcome of a legal proceeding."     The Air Force is also interested in all "adverse adjudications."  These are defined as, "A finding, decision, sentence, or judgment that was other than unconditionally dropped, dismissed, or acquitted. If the adjudicating authority places a condition or restraint that leads to dismissal or is dismissed after a certain period of time, drops the charges, acquits, or the records are later expunged, the adjudication is still adverse. Suspension of sentence, pardon, not processed, or dismissal after compliance with imposed conditions is also adverse adjudication. If a person is charged and convicted of violating any federal (including UCMJ offenses), state, or municipal law or ordinance, that conviction is considered an adverse adjudication."  Waivers are available for most criminal conduct if applicants are "highly qualified and motivated."  Mitigating circumstances are also considered as part of the decision to grant a waiver.
Anyone who wants to join the military and has a criminal history should consult a lawyer who has knowledge of these regulations.  The regulations are voluminous, dense, and detailed, and they are not always consistent.  Although disclosure may be warranted in a case, consulting an attorney may help an applicant to formulate and converse about mitigating factors in a more meaningful and concise way.  This may help an applicant in the waiver process.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.

Tuesday, March 1, 2011

New Clark County Domestic Violence Court

In the Las Vegas Township, Battery Domestic Violence cases will now be heard by one judge.  An administrative order was signed on January 11, 2011 by Chief Las Vegas Township Justice Court Judge Karen Bennett-Haron which created specialty courts in the Las Vegas Township Justice Court for Domestic Violence and DUI cases.  Pursuant to this order, Judge Melisa Saragosa will hear a segregated caseload of Domestic Violence cases.  This change will affect the defense Battery Domestic Violence cases in the Las Vegas valley.  There are certain strategies in cases that will not work as well because Battery Domestic Violence cases are now centralized in one court.  It becomes more important than ever to retain a counselor who is familiar with the new procedures in this court, the judge herself, and the prosecutors.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.