Civilian Charge vs Military Law

[blacicee1983]

I'm military and getting charged for doing the right thing. I was stopped one night on the way to turn in a weapon i took from a fellow friend who was about to attempt a crime he didnt need. I got stop right before I got to the station... reason stated i had a broken tale light>False info. Long story short they i got off but the weapon came bacl stolen so now im trying to fight this charge. My lawyer got it down to where i could just charge a misdemeanor of improper storage of a firearm in a pov with a fine of $600 but he said that it will be on my record for two years before i can get it expunge. Is this a good charge to settle with or no? On the other hand of that I have successfully started my military career (5yrs) and i dont want to mess it up nor have anything on my record to affect me from serving my country. Is this charge okay to settle for where as my military career wont be affected and the military cant turn around and charge me with something too or is there something else i should fight for? Is there a way to not have this on my record if i do settle for this charge?
Please help...
Soilder in need!!!!
SC

[blacicee1983]

My lawyer said they want to charge me with something even thou im innocent.... Please help...is this a good settlement or no?

[Scott67]

If this charge stands, it will burn you in many ways going forward. Will your friend or other witnesses testify on your behalf? If it is as you say (and I believe you) you need to fight this one. If your attorney can not negotiate a settlement with the DA to get you off, you need to pursue it and hope you can convince the judge assigned to the case.

[blacicee1983]

I was told by someone if i could get the charge not placed on my record this will be fine and the military wont do anything...is this true? They say i could receive the charge and have it be "judiciation witheld" i believe it was called. I just want this all to go away...its been since March and i feel like progress is going really slow and i just want to continue my career with no problems as before like this never happened.

[jmjens2]

You should have notified your chain of command when you were arrested. You may get in more trouble now from the military side because you didn't notify them. You should never try to hide something. It automatically makes you look guilty.
You need to inform your squad leader, platoon sergeant, or whom ever is next in your chain of command and then make an appointment to see a JAG officer.

[blacicee1983]

i did notified my chain of command when i got arrested. they know everything thats going on but they are waiting to see what the civ side is going to do first. Then after that who know i just want to know if this charge is okay or what.

[525601minutes]

I don't think it is a good settlement at all. Why is your 'friend' letting you take the fall for this. Why are you willing to be punished for his crime?

[blacicee1983]

i just happen to bump into the guy when i went home this one night and there is no way of finding him. so thats why im stuck with this. plus i know he wont fess up to it cause no one wants to go to jail! i know him from years back but only by a nickname that we called him at work. Now for me doing the right thing and the fact that it came back stolen is a problem. i believe i would of been good if it didnt come back stolen from the looks of things.

[Scott67]

i did notified my chain of command when i got arrested. they know everything thats going on but they are waiting to see what the civ side is going to do first. Then after that who know i just want to know if this charge is okay or what.

Ask what they will do if you take this deal. UCMJ Art. 134 gives them a lot of flexibility, none of which is good for you. That will tell you the short term impact.

There is no good "cookbook" answer like you seem to be looking for that I know of.

"minutes" is right. What kind of "friend" would let you take this fall? None of us can tell you definitely exactly what effects this will have on your military career. But, anyone can tell you, it is far better NOT to have a conviction than to have one. - Future assignments, security clearance updates and upgrades - they will be affected.

Your friend wouldn't have to admit that he was thinking of committing a crime - you shouldn't be dwelling on that either. Just, it was a gun he had, you took it to turn it in and got stopped in the process. He should back you up so the DA drops the charges or you get found not guilty. Anything short of that will live with you for a long time.

[blacicee1983]

Okay i got it and i will talk to my lawyer and state this is not a charge i will settle for... i just want this to be over. i have a family to take of, a career to persue, and a country to serve. Doing what right is not always the right answer huh?!?