[Mom with a Ques]

My son was arrested for retail theft (pkg of condoms, $8.00) at a Kroger. He has been offered an ROTC Scholarship and his application was dated before the arrest. He has had one speeding ticket and no other problems with the law. What should we do??

Haven't gone to court yet but the application stipulates the following:


43. STATEMENT OF CRIMINAL PROCEEDINGS BY CIVIL OR MILITARY AUTHORITIES
I have not been indicted or summoned into court under civilian or military law as a defendant in a criminal proceeding, to include any and all proceedings involving juvenile or adult criminal offenses, but excluding minor traffic
violations (Exception: alcohol-related driving offenses) which involved a fine or forfeiture, alone, of less than $250. I have not had 6 or more minor traffic violations (excluding parking violations) in a 12-month period where the fine is
$100 or more per offense. I have not had 12 or more minor traffic violations (excluding parking violations) during the previous 3 years where the fine is $100 or more per offense. I have never been convicted, fined, imprisoned,
Placed on probation, paroled, or pardoned (to include alcohol violations and misdemeanors), except for minor traffic violations as defined above. I will advise the Professor of Military Science of any future information pertaining to
Any changes of criminal conduct against myself and I shall do so as soon as practical under the circumstances. Records that are expunged, sealed, set aside, dismissed, or original findings or pleas changed STILL require a waiver.

[JudyKayTee]

He notifies ROTC that he has been arrested because that's the truth.

[Mom with a Ques]

Thank you but I wasn't specific enough in my initial question. Obviously he has to disclose the arrest, but what is the best route to go with the theft charge? What would be the best case scenario to hope he gets? Is dismissal too much to ask? I'm inquiring because we have talked to an attorney and she doesn't want to even tell us best case scenario before we drop $1500. I'm concerned about his future with both the army and with future job applications, etc. He will always have to disclose the arrest, but how can he avoid conviction? Or can he?

[JudyKayTee]

No problem - if you and your son want the best possible result you have to be represented by an Attorney. I'm not just building up business for the legal profession - that (sometimes unfortunately) is the way things work. I think this is going to have to be a $1,500 investment in his future.

I have stepchildren and THEY would be paying for the Attorney to make sure they never forget this incident. You sound like a good, concerned Mom and I'm sure that's crossed your mind, too.

[excon]

He will always have to disclose the arrest, but how can he avoid conviction? Or can he?

Hello Mom:

If he's ASKED about an arrest on an application, he'd need to disclose it. But, NOBODY asks that question.

If you consider how LITTLE $1,500 is compared to how much a conviction will COST your son over the course of his life, you'd pay it gladly.

excon

[Fr_Chuck]

You get an attorney see if a plea agreement or first offender program, so that after he does probaton, or community service all charges are droped, ( no record)

[rainacidbeer]

Like others said the money spent for a lawyer is an investment for his future.Maybe a lawyer can convince the DA to straight out dismiss the charge b.c it's a small amount.If not then diversion is the next best outcome. Hire a good lawyer and show them the application and have them work out the best solution available.

Excon,isn't he already summoned into court?He would have to at least bring up this incident to the school? Correct?

[excon]

43 STATEMENT OF CRIMINAL PROCEEDINGS BY CIVIL OR MILITARY AUTHORITIES.. I have not been indicted or summoned into court under civilian or military law as a defendant in a criminal proceeding,

Excon,isn't he already summoned into court?He would have to least bring up this incident to the school? Correct?

Hello rain:

Yes, he needs to fill out the application truthfully. But this isn't your ordinary application.

excon

[rainacidbeer]

I see.