If convicted of BAH fraud in a Court Martial, how much time would you serve if the amount is less than 10,000?
357042
if you do get a civilian lawyer, make sure it's one with loads of experience with military law.  \n\nYou will be paying the money back in any event.  FAR better to be proactive and admit wrongdoing and make restitution arrangements BEFORE you go to Court Martial.  \n\nPunishments will probably depend on a number of factors, including how long the fraud went on, the circumstances behind committing fraud, your level of remorse, your past history and whether or not the Judge is in a good mood that day, or if he's looking to make an example of you.
936429
it vary by judges? i duno like 5 yrs and up\nbut thats just my guess\ni duno shoplift and find out
1124853
It would depend on what type of evidence, witness, and the severity of the charge.  To plea bargain you know what you are facing, for they tell you what time you will do if any, as with a jury trial, your taking a gamble.  If there isn't to much evidence or witnesses...maybe a jury trial is better...also, if they have other charges pending against you, to take the plea bargain 9 times out of 10 they drop them as well as drop the level of the felony etc....Take these things into consideration before making a choice...also consult with att.
280488
Adam,  It depends on what the conviction is for?  If it is for selling/distribution you can forget it.  If it is for simple possesion of Marijuana, you can get a waiver. By the way there is a waiting period, other words you are going to have to wait one year from the date of final disposition of your charge.  IE..one year after you get off probation.  If it is for any other type of drug offense your chances are slim.\n\nNote:  Technically you can get a waiver for any single offense.(But what I wrote of is generally all that will be approved)  All of your criminal history is considered.  The Recruiting Command uses what is called the total person concept.  By no means is a waiver guaranteed.  Good Luck!!!
1149516
Summary courts marshall (regardless of the crime) max punishment is 30 days in the brig, two ranks lost and forfeture of 2/3 pay for a month.  The six month quote you got is for special courts martials.  Summary is kind of like a super NJP, but you are not convicted of a crime.  Special and general CM's are the ones that give you a felony record.\n\nSummary Court-Martial\nTrial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct.  The summary court-martial consists of one officer who, depending upon service policies and practice, may be a judge advocate (a military attorney).  The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial.  The accused must consent to be tried by a summary court-martial. \nSpecial Court-Martial\nA special court-martial is the intermediate court level.  It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury.  An enlisted accused may request a court composed of at least one-third enlisted personnel.  An accused, officer or enlisted, may also request trial by judge alone. Regardless of the offenses involved, a special court-martial sentence is limited to no more than six months confinement (or a lesser amount if the offenses have a lower maximum), forfeiture of two-third’s basic pay per month for six months, a bad-conduct discharge (for enlisted personnel), and certain lesser punishments. An officer accused in a special court-martial cannot be dismissed from the service or confined.  Note: The maximum confinement will become one year and the maximum forfeiture duration will also become one year in the near future.\n\nGeneral Court-Martial\nA general court-martial is the most serious level of military courts.  It consists of a military judge, trial counsel, defense counsel, and at least five court members.  Again, an enlisted accused may request a court composed of at least one-third enlisted personnel.  Unless the case is one in which the death sentence could be adjudged, an officer or enlisted accused may also request trial by judge alone.  In a general court-martial, the maximum punishment is that established for each offense under the Manual for Courts-Martial, and may include death (for certain offenses), confinement for life, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment.  A pretrial investigation under Article 32, UCMJ, must be conducted before a case may be referred to a general court-martial, unless waived by the accused.
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.
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.
566052
Depends on the charges.  He could get brig time for years.  If they only recommend BCD, he'll be out in six or eight months.  If it's just a threat they are using right now...  He'll probably wind up serving his full term.  The easiest way out is to fulfill your contract honorably.  Less stress makes it seem faster.
899997
It depends on what their sentence is.  That is up to the courts.  \nFor instance... i was put on probation for felony prescription fraud for 3 years with deferred adjudicaton.  However, after doing 1.5 years i petitioned the courts to grant early release based on my performance.  I was really serious (and still am) about leading the clean life and steering clear of trouble now, and my comm officer knew that.  \n\nUnfortunately, regardless of whether my sentence was deferred i still have to check "yes" in that little box that asks "have you ever been arrested?" on an employment form.  \n\nIt's a hard lesson learned that will follow me for the rest of my life.\n\nThe way i understand it is, i will have to wait another 5 years to have the "arrest" not show up anymore... if i am lucky... and that is a big if.\n\nMoral of the story... stay away from drugs.
304782
If you talk to the judge and explain your situtation odds are he will let you do community service to pay it off.  The price you get paid per hour for doing it varies between $7 and $15 an hour depending on where you live.  So if community service pays 10bucks and hour and you have a thousand dollars to pay off, you are looking at 100 hours of community service.
183291
It can go either way...a chance you take. The judge could lessen the charge or ammend it. Or if found guilty you could pay more including court costs, lawyer etc.... I would talk persoanlly to the officer who issued it first, before the court date and ask if he could help you out, provided you did not curse the officer out or spit on him during the traffic stop, or tell him he should stop eating doughnuts.
1040341
It all depends on what type of conviction (misdemeanor or felony), in what court (state or federal), and how much time has passed since you were convicted (a certain date) and completed all of the Court's orders (most likely a different date), for example, completed probation, paying all fines or restitution.\n\nSome more information please.
261812
None.  You are released by the court.  You sue the state and receive a settlement in the millions.
790944
Complicated question....\n\nWhen you say discharged...if you mean they served their initial 4 year (example) obligation and then were discharged from active duty 99% of soldier still have a 3 or 4 year reserve duty obligation.  Mine was 3 years.  If this is the case, yes they can be called back to active duty due to their reserve duty obligation.\n\nLegal?  Yes.  Who ever you are speaking about should have....or should now read the contract they originally signed.  It is all in there.\n\nThey don't want to go?  As I understand it they will be considered as UA...Unauthorized Absence. Then after a certain time (perhaps 10 days...nor sure of the current time frame) they will be considered AWOL....Absent Without Leave.  At this point they will start to look for the person at the last know address etc.  Then on day 31 it gets very serious.  At day 31 they can; an in my experience as a former army officer, and will be charged with Desertion. It is not automatic; it depends if the army feels the person has no intent to ever return. Minimum jail time now at Ft. Leavenworth, KS last time I checked is 5 years.\n\nYou can research it on the net.  Just Google or use any search engine you like and enter \n- UCMJ Article 85\n\nOK.... if the person in question has received their actual dischage as in Honorable, General, Less than Honorable, Dishonorable or Medical and it is so noted on their DD214.... then they have completed the full service obligaton and only an act of Congress can get them back in....and even then...what are the odds.\n\nFrom your question however it sounds like this isn't the case.\n\nI use to counsel young soldier on being UA and AWOL and had to charge one with desertion...almost 30 years ago.  If you or your friend have any particular questions or just want some feedback...hit my YID and my e-mail is available on my 360 site.\n\nAlso, I am sure other people will have more current information....I'd go with that vs. my historical data!
232740
Something is missing from the story.  I took a look at the statute and it says that the County can seek reimbursement "for any expenses incurred by the county in relation to a charge for which a person was sentenced to a county jail" as more fully described in the statute.  The statute is clear that a conviction is required.  \n\nIf the charges were dismissed or you were found not guilty, then the County cannot seek reimbursement.  If you were found guilty and sentenced to County jail, then you must pay.  If you reached a plea agreement and were sentenced to "time served", then the County can seek reimbursement.\n\nIf you sat in jail for 4 months, you were either convicted or you couldn't make bail while you were waiting for trial.    If you were convicted, even with a plea bargain, you probably owe the money.
1045013
Filing a false report is a class c misdemeanor, which is punishable by up to 30 days in jail and $1,250 in fines. These sorts of things are often lowered to "violations" though, meaning that you would just pay a fine.
805108
The imprisonment is about 6 months to 12 years depending upon the evidence presented and the defense adopted by your friend's husband.  The crime commited is already a grave offense because it involves fraud.