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Second Chances
I am A 26 year old male, resideing in Texas. I am not a wealthy man, or come even close to it. Back in 2001 I plead guilty to (simple battery) at age 21 or so. Let me set the scene...
My Wife (whom I havent seen for many Years) was about 8 months pregnant, she was suppose to be on bed rest, do to pregnancy problems, and was takeing a Very hot shower, Enough that when i Walked in restroom I could hardly breath, and i told her i was leaving to go do something, ill be back later, And walked down stairs and out of the house. Apparently during the time I was outside and getting ready to come back in she had fallen down the 4 or 5 stairs, and lifting herself back up. ( I didnt see what had happened nor know what had happened) I came back in side and she imediately started in talking about I hit her in the back of her head that is why her head hurts. ( I did Not) we started argueing about this fact and i went back out side, cause i was going to leave the house. On the way out, and since i was upset with her thinking I would do such a thing, A old vacum cleaner was in my way as i went to the car and i picked it up and tossed it out my way, Unfortunatley, It busted out the passenger side window to out car( complete accident, and boy was i angry at my self for being stupid lol.), So i went back inside to call someone to let them know I wasnt going to show up, or whatever the case may have been, and grabbed the phone, to call person, and wife didnt like that and unplugged the phone from inside. So i went back outside, trying to make since of the fact i tossed a stupid vacum through our own window. I had noticed that she was on the phone and Imediatley thought it wasnt fair that she wasnt allowing me to use the phone,( why should i let her ) so i went got a screw driver and opened the box up from out side and unpluged phone. Mean whiole thinking we were even. Now keep with me.. this is the So Called Fun part.. I am outside and she throws stuff of mine outside, yelling and screaming at me, and the police show up (I did not call them ). They said there was a 911 phone call and it had been disconnected (Duh by stupid me , not even knowing it) They imediatley habdcuffed me and stood me to the side. The cops aske d what was going on and my wife said " I feel like he hit me in the back of my head" They asked did he, she said I think so. They looked for signs of abuse, bumps bruising, scratches, etc. and found nothing!. But cops kept asking her that if i didnt hit her and she made false accusations she would go to jail, so she stuck to her word, that i hit her, so she wouldnt go to jail, as she thought this is what the cops where saying. please bare with me on the long post for i can explain everything, and maybe get some anwsers. Ok so next step. cops notice that the window is busted out of car, and the see this as being.. a sign of violence ( mind you she wasnt present when it happened) scond they saw a whole in the wall right by the light switch, at the door where wife was standing cause she wouldnt come outside. ( an old whole from something completely different) Also took that as a sign of violence when they didnt even know if it was caused by me, and probably still dont know if it was or wasnt. So the arrested me. Took me to jail.
Since this in there eyes was " Family Violence" i couldnt podst bail till i went to court ( 16 days worth ) I was waiting to go before the judge and had been appointed a court appointed attourney court was let s just say for this example 4:30pm on friday, the lawyer ( my attourney) didnt show up for court til 5:00 which he was late and the judge waited for him to show instead of postponing it. He comes in and ask me how do i plea ( now this is the first time i ever spoke to him or sawe him for that matter) I said not guilty, He told me if i plead guilty i would get probation, a smack on the hand And everyone would go home today. So being Nieve and poorly represented, I said guilty. and i went home a few hours later affter they released me.
Now they never put me under the first offenders act, nor did they ever tell me about it, I was young and never been in trouble before, up until this time, so i didnt know all the legal jargon like most would.
Now to my question. I am trying to enlist in the US Army, and under this law i am not able to carry a firearm hince (prevents me from jioning the service and bettering my life and serveing my country) I want to know if ANYONE could and will help me , either earase , lessin, or make the gun law not apply some how so i can enlist in the Armed services PLEASE.
First of all i wasnt told that i would lose that right before i was sentenced, and I wasnt told or know anything about first offenders act, and i was so young. Why should that effect the rest of my life. I can understand if I actually went out and committed some horriffic crime and hurt someone like with a gun or weapon but there was NO evidence or anything that I hit her. Matter of fact befoire this incedent i had called the cops on her and filed a report on her for trying to run me over with the car. Since this insedent I left her, We are still married, but i am not with her, I havent heard from, seen or know her awaerabouts since 2003. I am in texas, last i know she was in virginia, and all of this mess took place in Augusta georgia, in richmond county. Again please help, this guy Join the Army.
Thank you.
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Re: Second Chances
That's a lot to swallow. You should talk to a lawyer about any possibility of attacking the original conviction; but don't be surprised if your lawyer doesn't want to present that explanation of events to the court.