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Home > Law > Criminal Law   »   Felon/Probation serving in the Military

 
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Old Sep 22, 2007, 09:42 PM
iamawinnertoo
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Felon/Probation serving in the Military

Hello members,

I am new here and look forward to conversing with many of you.

I hope I am not jumping right in with a question that is inappropriate, if so please correct me before I make a fool of myself. I'm really not sure what topic my question comes under.

I was wondering if someone can help me please? I have searched every web site and can find nothing.

My granddaughter is dating a very unsavory character. He is a convicted Felon, on Probation for another year, has two more court dates coming up, just had a 3rd court date (all unrelated charges) and I fear he has mental problems and possibly will harm her. (One of his offenses is for domestic violence).

This guy has been running around (and even went to court on 9/20 for Probation violation, in his military uniform). He has had a military uniform on for 2 solid weeks, stating he is being deployed to Iraq. He says he is in the 101st airborne, army reserves, unit in OH.

Can this be? Can a convicted felon be in the military or own, use, possess, be around firearms? Terms of his Probation says he can't own, be around anyone with a firearm, or possess a firearm. So how can he be in the military?

If he is in the Army Reserves, why has he been home for 9mths, no weekend duty a month?

I know I am asking alot of questions and I hope they are not inappropriate. I am at my wits end as this guy has my granddaughter so wrapped up in him, she believes everything he tells her and I feel everything that this guy says is a lie.

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Old Sep 22, 2007, 10:05 PM   #2  
otto186
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I am a Petty Officer With the U.S. Navy. The Military goes by its own set of laws called the Uniform Code Of Military Justice(UCMJ)but the military will honor civilian laws as well.

You can be a convicted felon in the Military, it just depends on the severity of the charges aginst the individual.

As for him being around firearms that restriction applys both in military and civilain life, As long as his Chain of Command(COC) know about the restriction. If they are aware of this, his COC will take all appropriate measures to make sure his not around firearms.

Now how do you know he does not report in during his weekend duty? If he does not report in the it could be he is in the Military and is AWOL or he could just be lying about the military. Our uniforms are not hard to duplicate if you know what insignias and patches goes on the uniform.

My best advice would to contact the 101st airborne, army reserves, unit in OH and talk to COC. explain your situation and see if they can help you.

If he is not in the military and you can prove it call the local police because impersonating military member is illegal. I hope this helps you

good luck if you need anything else please feel free to ask

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Clough agrees: Excellent answer!!
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Old Sep 23, 2007, 12:02 AM   #3  
rpg219
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Another question I would have is....if he is Military, then why is he going thru civilian court and not military? I say go along with it and....LET HIM LEAVE.....wether it's Iraq or to some unknown place

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iamawinnertoo agrees: thank you for the excellent advice and help with my question
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Old Sep 23, 2007, 11:13 AM   #4  
iamawinnertoo
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Quote:
Originally Posted by iamawinnertoo
Hello members,

I am new here and look forward to conversing with many of you.

I hope I am not jumping right in with a question that is inappropriate, if so please correct me before I make a fool of myself. I'm really not sure what topic my question comes under.

I was wondering if someone can help me please? I have searched every web site and can find nothing.

My granddaughter is dating a very unsavory character. He is a convicted Felon, on Probation for another year, has two more court dates coming up, just had a 3rd court date (all unrelated charges) and I fear he has mental problems and possibly will harm her. (One of his offenses is for domestic violence).

This guy has been running around (and even went to court on 9/20 for Probation violation, in his military uniform). He has had a military uniform on for 2 solid weeks, stating he is being deployed to Iraq. He says he is in the 101st airborne, army reserves, unit in OH.

Can this be? Can a convicted felon be in the military or own, use, possess, be around firearms? Terms of his Probation says he can't own, be around anyone with a firearm, or possess a firearm. So how can he be in the military?

If he is in the Army Reserves, why has he been home for 9mths, no weekend duty a month?

I know I am asking alot of questions and I hope they are not inappropriate. I am at my wits end as this guy has my granddaughter so wrapped up in him, she believes everything he tells her and I feel everything that this guy says is a lie.
I would like to thank you for the speedy reply. I'm sorry I'm not too familiar with this site, so I couldn't find how to reply to your answers.

This guy has latched onto my granddaughter like a leech, and goes nowhere without her (he also has a suspended driver's license), so I know for a fact since early March he has not done any "weekend duty", which I thought was a requirement for the Army Reserves & the National Guard.

All of his trouble with the law has been since 2004 - current, and is in Criminal court. That is why I do not believe this guy can be in the military at all.

I certainly hope he does go to Iraq (but wish him no harm there), but at least he will be out of her life for awhile, since all he keeps getting from the courts here is probation.

My thoughts and prayers are with all our military and their families throughout the world, for they are our real heros.

Thank you again for your speedy replies, answers and information.
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Old Sep 23, 2007, 11:40 AM   #5  
otto186
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Like I said before my best advise would be to call his COC and tell them your problem. If he is not a military memeber call the police. If he is AWOL then call the police because there is probably a warrent out for his arrest.

He can be introuble in crimminal court while in the military. The kicker for that is he will get a punishment under civilain law and for laws broken under the UCMJ. Sorta like a legal double jeaperdy.

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iamawinnertoo agrees: excellent information and advice. thank you
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Old Sep 23, 2007, 12:25 PM   #6  
iamawinnertoo
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Otto 186,

Once again, thank you for your speedy reply and excellent advice. I have the phone number of the unit he says he is in and will call tomorrow.

I have been searching every google site I could find and have received more information here in 24hrs, than I found on any site in two months. This is a wonderful site, with such helpful people.

Thank you.
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Old Sep 23, 2007, 12:44 PM   #7  
otto186
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Good Luck

If you need anymore information please feel free to ask
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