Caught Shoplifting on a Military Base

**wolf44** · 01-28-2011, 06:13 PM

My question involves criminal law for the state of:
Ok, my son is in the army reserves. He is a very good boy, and im not just saying that because hes my son. Volunteer firefighter, soldier, full time EMT, part time fugitive recovery agent, and all around a great guy. Recently he came to me and told me that he and a friend were being stupid several weeks ago and he stole a knife from an AAFES store in the bx on base. At first he wanted to go back and talk to the manager of the store and confess and offer to pay because he fealt guilty. I was afraid he would get arrested so i told him not to, i scolded him some, but it looked like he had punished himself enough already. I have friends that work on base and i know some of the criminal investigators out there. One of them called me today and told me they had him stealing the knife on tape. I havnt seen the tape or heard much about it(the investigator is a mutual friend but not a great friend, so hes not going to help us here) my son told me that he took the knife and some clothes in the dressing room, pocketed the knife and hid the package under some folded clothes, so im not sure what is on the tape. Now we are freaking out, he is planning to call the investigator on monday and come in to talk with them or confess and make a statement or whatever is to be done. I am worried that he is going to be charged with a felony because it was on a military base, and he is in the military. We both understand what he did was stupid and childish and very unbecoming of a soldier. So please dont take this opportunity to attack him for a dumb mistake, weve all made mistakes. I am just curious what he should do. He does part time work as a fugitive recovery agent(bounty hunter) and hes a big time gun collector and outdoorsman. So he is also very concerned about losing his rights to own a firearm over this and losing his collection and permit, along with his job as an EMT and a FRA. We cannot afford to go consult or hire an attorney right now, not even close actually. What should we do? does anybody know what will happen to him? BTW he has a clean record, never been arrested before. Please help us out here, we are very concerned and worried what this could do to him and his future.

**free9man** · 01-28-2011, 08:20 PM

He will most likely be charged with a misdemeanor (how much was the knife?) and will also be looking at some kind of non-judicial punishment as well. It's unlikely to go to an Article 32 over a minor shoplifting incident. If FRA's are required to be licensed, he may lose that license depending on the requirements. I would imagine the only way he would lose his right to possess firearms is if he were dishonorably discharged as a result of this, again I don't think he has to worry about that. The EMT thing is going to depend on his employer, although it looks bad. He has shown himself to have sticky fingers so how can the employer trust him to be around victims where valuables may be present. If he keeps his job, he should expect to be suspect #1 any time there is a complaint about missing items on any run he works.
If the investigator is calling, they probably have enough of a case to move forward. Best thing for your son to do is contact the base legal office or a local criminal defense attorney, preferably one with experience with military case law as well, about getting representation and then turn himself in. DO NOT make any kind of statement until he has spoken to someone familiar with both criminal and military law to find out possible repercussions.

**PandorasBox** · 01-28-2011, 08:38 PM

Many criminal lawyers offer a free consultation. Grab out the Yellow Pages, or hit www.yellowpages.com

**wolf44** · 01-29-2011, 01:07 PM

Thanks very much for the advice! hopefully we can find one that offers free consultation, no way we could afford to pay one right now. So i guess he should not call the investigator back on Monday then. What would happen if we do nothng right now? will they come and arrest him or send him a court summons in the mail or what?