A friend got charged with desertion from the army & was court-martialed. Is this a felony in the state of TX?
371879
the State has nothing to do with it.  It's a federal crime.  HOWEVER, this may have the same effect as a Texas State felony in that he would be unable to get many government jobs, will be inelgible for government grants,loans and other forms of aid.  In other words, he's most likely doomed to go nowhere in life becasue very few people will be willing to give him a shot.
972203
Check with the probation officer.  \n\nYou do know that anything you do can get your military boyfriend in trouble right?
534486
It is possible that the friend who is being discharged "for cocaine" (Whatever that means) is being tried for a violation of the UCMJ.  Being gay is not a violation of the UCMJ, per se (although homosexual contact might be construed as such).  It is possible that a discharge on the basis of incompatibility with military service called a "chapter" can happen quickly as long as there are no criminal proceedings.
244035
No you can't. You might be able to get the Army to do it, if they will acquit you of the charges, or lower them to a misdemeanor. 15 years of U.S. Navy service, is my source.
847234
No, you can't get the case transfered out of state. (Obviously.) Call the court and explain the situation, they'll either push the court date up or work with ya'll to pick a date when she'll be available in Texas. Either way, she needs to appear. There is a chance that a representative can appear on her behalf, especially if theres an advisement statute in Texas that applies to fighting in schools. Just call the clerk's office and talk to them, they'll be able to find out for you. If she is required to appear, she HAS to appear.
375698
Article 32 of the Uniform Code of Military Justice (Section 832 of Title 10, United States Code), requires a thorough and impartial investigation of charges and specifications before they may be referred to a general court-martial (the most serious level of courts-martial).\n(a) No charge or specification may be referred to a general court-martial for trial until a through and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and recommendation as to the disposition which should be made of the case in the interest of justice and discipline.\n\n(b) The accused shall be advised of the charges against him and of his right to be represented at that investigation as provided in section 838 of this title (article 38) and in regulations prescribed under that section. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him if they are available and to present anything he may desire in his own behalf, either in defense or mitigation, and the investigation officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.\n\n(c) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (b), no further investigation of that charge is necessary under this article unless it is demanded by the accused after he is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his own behalf.\n\n(d) The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error.
366005
Alright,  if you dep in then you actually take the oath twice(well most in the army do).  You actually don't owe the military(whatever branch it is) anything until you sign the dotted line.  Once you sign your contract, it's the same as any contract.  The difference is when you break a contract with say a regular privately owned company or buisness you go to court and if you never worked a day or recieved a dime for them the judge will probably say ok see ya later.  This contract is with the government so it's not so easy.  You can't get a Bad Conduct Discharge because you didn't do anything deemed "Bad Conduct" like felony illegal shit.  You would get at worst an under other than honorable conditions discharge which would still prevent you from getting student loans.  However you can appeal to have your discharge upgraded after a period of time.  My brother in law got the boot from the army for dealing drugs and after two appeals he now has an honorable discharge so just to put things in perspective.  Once you report to basic you have the ability to leave relatively painlessly except you will have to pay for the money they spent on you.  Once you graduate BCT(Basic Combat Training) you go into AIT(Advanced Individual Training).  That's when they "own" you.  They don't own you though.  You have one year to try to get a "failure to adapt" chapter.  The basic jist is don't sign unless you want to do it.  Understand what you're getting in to and don't take your recruiters word for gold cause it's there job to make you sign and they're good at it.  Hope this helps
332967
The other answers are quite valid...depending on the severity anything from a slap on the wrist to an LOA (Letter of Admonishment) LOR (Letter of Reprimand) both which would go in your file to possible UCMJ (Uniform Code of Military Justice)...but that really only applies to the enlisted force.  If two officers were caught fighting the penalties would be much more severe with almost guaranteed UCMJ action.  Since officers cannot be demoted, they would most definitely get something in their file and probably big fines and possibly jail time.
683077
You do not get a dishonorable discharge for skipping drills.\n\nHard to get a job and you potentially lose many, if not all, of your VA benefits..like education, medical, burial, etc.\n\nTypically Bad Conduct Discharge (BCD) or Dishonorable Discharge (DD), which are "punitive" discharges resulting only from a special or general court-martial. Especially the general courtmartial is for grave offenses such as  cowardice, rape, murder, sabotage, or espionage.\n\nIt might be relatively easy to get an "other than honorable" discharge upgrade to "honorable".  Trying to get a dishonorable discharge upgrade is next to impossible.  \n\nPunitive separations occur after conviction of a crime by a court martial, and then only if the Uniform Code of Military Justice specifies discharge as part of the allowable punishment for that offense. A bad conduct discharge, or BCD, is the less severe type of punitive discharge. It may be handed down by a special or general court martial. A dishonorable discharge, on the other hand, may only be handed down by a General Court-Martial. A conviction at a General Court-Martial is often considered by civilians to be a felony conviction, although the UCMJ does not make such a distinction. A service member who is convicted at a Court-Martial is not necessarily given a punitive discharge. If the member is found guilty of any offense, then the court martial members (similar to a jury), or the military judge if the accused elects trial by judge alone, then determine a sentence. Depending on the offense, this punishment can include a punitive discharge, confinement, forfeitures of pay, a fine, and for enlisted members, reduction in pay grade.\n\nA dishonorable discharge impacts on VA eligibility: \n\nEligibility for most VA benefits is based on discharge from active military service under other than dishonorable conditions. Active service means full-time service as a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public Health Service, the Environmental Services Administration or the National Oceanic and Atmospheric Administration. \n\nCurrent and former members of the Selected Reserve:\nYou may be eligible for certain benefits, such as home loan guarantees and education, if you meet the time-in-service and other criteria. \n\nHonorable and general discharges qualify a veteran for most VA benefits. Dishonorable and bad conduct discharges issued by general courts-martial may bar VA benefits. Veterans in prison and parolees may be eligible for certain VA benefits. VA regional offices can clarify the eligibility of prisoners, parolees and individuals with multiple discharges issued under differing conditions.
760352
Because this person did not have a FOID (Firearm owners Identifcation card)could be the only reason this would be a federal charge, however the Foid card is state issued, so it may not fall under federal jurisdiction.  The possession thing is truly a serious charge for a convicted felon, plus the firearm will be deemed stolen property w/o a serial number.  These charges will assure your friend some serious prison time.
38868
First check that it is indeed a blemish on your record. Usually if your 18 or 19 it's a 50/50 chance of it remaining on your record. \n\nIf your certain that this is on your criminal record, try to have the case reopened and have a judge expunged this from your record. (tell him/her your potential endeavor with the military)\n\nTalk with a recruiter, and let them know about this "past instance". The military actually has waivers to overlook some offenses, even felonies.\n\n\nhope that helps.
1059064
If you are in a combat zone the maximum penalty fo desertion is death or as a court martial may direct \nhttp://usmilitary.about.com/od/punitivearticles/a/mcm85.htm \n\nMaximum punishment for Absent without leave (AWOL).\n\n(1) Failing to go to, or going from, the appointed place of duty. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.\n\n(2) Absence from unit, organization, or other place of duty.\n\n(a) For not more than 3 days. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.\n(b) For more than 3 days but not more than 30 days. Confinement for 6 months and forfeiture of two-thirds pay per month for 6months.\n\n(c) For more than 30 days. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.\n\n(d) For more than 30 days and terminated by apprehension. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 18 months.\n\n(3) From guard or watch. Confinement f o r 3 months and forfeiture of two-thirds pay per month for 3 months.\n\n(4) From guard or watch with intent to abandon. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.\n\n(5) With intent to avoid maneuvers or field exercises. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months \n\nhttp://usmilitary.about.com/od/punitivearticles/a/mcm86_2.htm
1173771
Well a few things can happen. Alot of it actually depends on the military unit they went AWOL from. First off, as soon as we change thier duty status to AWOL, we hold all pay and allowances... we inventory all property they leave behind within 24 hours. The Army has a group of military police called "AWOL Apprehension" that are informed and a notice goes thru NCIC to all law enforcement agency's. After 10 days we send thier parents a letter explaining that they are AWOL and explaining duty and honor. At the 31 day mark, we begin processing the paperwork to drop them from the military rolls and seperate them from the Army for desertion. They are given a seperation code on thier official records and DD214 that codes them as a dessertor.  With that code, it is difficult for them to apply to any college, they will be turned down for all state and federal jobs and they cannot recieve alot of different loans... to include alot of consumer loans.  Life at that point kinda sucks for them... and usually so does thier pay.  McDonalds and Burger King have even started denying them employment. If you can't get a job at Burger King... well that rests on it's own merits....lol.
892783
It depends on your situation...it can be done with inmates and those in the military oveaseas. You have to look into it with your local county court.
706567
Its a Felony... Some states vary
312745
I'm a police officer in Texas and I can tell you what Texas law allows. In Texas there is a 2yr statute of limitations for Misdemeanor offenses from the date of the violation, or the date the officer first became aware of the offense in which to file a complaint in court. However, it's not very ethical and you can surely bring it up in court before a judge or jury if you request a jury trial. Did you do anything after he originally let you go that might cause him to take that action? Even if you did, I think you can have him explain to the court why he did that; just on face value from what you said it implies a personal bias against you or harrassment or retaliation at worst. That's a criminal offense if proven against an officer. I'd suggest calling the Internal Affairs division of the agency he works for and / or a supervisor. You can seek free legal advice from your local State Bar Association or attorney's where you live, and you can plead "no contest" if you want which is a plea that finds you guilty of the offense but does not imply a confession, and allows you to explain to the judge what happened and usually results in the fine being cut in half.
900693
NO!!! A dishonorably discharged person from the military\ndo not keep their rank and they lose all benefits, medals,\npay and are sometimes imprisoned depending on the \nseriousness of the charges, they cannot work for the \nfederal goverment and sometimes have trouble finding\na job anywhere and forfeit all VA benefits, such as housing, jobs and medical care. On the second question, that will be NO!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!