QUESTION
If someone is charged with indecency with a child but never convicted, can they join the military?
Asked on Jul 08th, 2012 on Criminal Law - Michigan
More details to this question:
I have a friend who was charged with indecency with a child over 8 years ago (Arrested and bailed out of jail after being booked) When he retained a lawyer suddenly the DA was not able to find the paper work and only had the booking slip. It has been 8 years since the arrest and has never heard anything when he called the District clerk she had no records for the person and when he called the DA they refered him to the Clerk. He wants to join the military does he have any legal standing here since his lawyer just says to hold on till the statue runs out?
21 ANSWERS
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Statute is three years so he can go ahead and join - if he wants to be killed in Afghanistan, that is.
Answered on Jun 28th, 2013 at 10:56 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 29th, 2013 at 1:25 AM
Michael J. Breczinski
They are looking for convictions not old allegations. He should be able to join.
Answered on Aug 08th, 2012 at 11:52 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If the charge was filed more than six years ago and nothing has been done by the prosecuting attorney to dispose of the charge your friend should file a motion to have the charge dismissed for lack of prosecution. If that motion is granted your friend should ask that his fingerprints and arrest record be returned to him so no reported record of the charge exists. If he has no other criminal record he would then be eligible to join the military service and there would be no record available to reflect the charge that was dismissed.
Answered on Aug 07th, 2012 at 12:55 PM
3 Awards
I don't know what the military looks at. Best to contact your local recruiter.
Answered on Aug 06th, 2012 at 9:31 PM
This sounds like a pretty good case for an expungement. If nothing has been done on the case in 8 years, and no one appears to have any records, the attorney may be able to convince the DA to do an agreed order of expungement. If not, then he can wait until the statute of limitations runs and then file for the expungement, which should be granted since the DA would not be able to pursue a conviction if the statute has run already.
Answered on Aug 03rd, 2012 at 11:05 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You should either trust in your attorney's advice or get a new attorney. No one should know better the details of your case then your lawyer. If you feel his advice is flawed, get a 2nd opinion. You may have to pay an attorney for a consultation but it will be worth it for peace of mind. Free consultations are not to go into all facts of a case and to advise you in how to proceed. It is merely a free opportunity to consult and evaluate the lawyer you are considering hiring without having to pay for it.
Answered on Aug 03rd, 2012 at 11:33 AM
Leonard A. Kaanta
An arrest is not a conviction, you follow the lawyers' advice.
Answered on Aug 01st, 2012 at 8:26 PM
Dennis P. Mikko
The lawyer is giving his some good advise. Until the statute runs, he could be recharged. He should follow the advise of his attorney.
Answered on Aug 01st, 2012 at 7:55 PM
The military may not accept someone if there is a pending criminal prosecution. It is unlikely that charges would be pursued after eight years. A person can have an arrest record sealed or expunged. If the person's attorney advised to wait until the statute of limitations has run, it is best to follow the advice of an attorney who has access and reviewed all the facts.
Answered on Aug 01st, 2012 at 7:47 PM
Sounds like the case will never be filed, and your friend is off the hook for good.
Answered on Aug 01st, 2012 at 5:15 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If the statute for charging has not run, as you have indicated, then this person can still be charged. If that is the case, then in all probability, the military will not accept him.
Answered on Aug 01st, 2012 at 3:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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So, he was arrested but never charged? He can probably get into the military if they will take him.
Answered on Aug 01st, 2012 at 3:26 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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On those facts stated, there is no conviction, nor any arrest warrant, thus no record. After this time, the statute HAS run out, the charges are time barred, and he should get on with his life, whatever he chooses. He should have sought refund of his bail long ago, but if there is no record of the case, there is no record of the bail being posted. I would not kick that sleeping dog now by filing legal motions about the bail.
Answered on Aug 01st, 2012 at 2:29 PM
He's been charged and arrested alreay so statute of limitations isn't an issue. What is in play is a speedy trial denial claim which after 8 years should be a winner. As for the military, my guess is that with no convictions on your record, you should be ok. Frankly story sounds a little fishy so i'm guessing there is more to story than he's telling you.
Answered on Aug 01st, 2012 at 2:22 PM
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That should not be a problem if your friend goes to the website for the Colorado Bureau of Investigation, s/he can request her/his criminal record. If there is a record of the arrest, friend can request that it be sealed since there was no conviction. That is done in the courts where the DAs office was. there are forms to do this on the Colorado Supreme Court website. This is not necessary to get into the military, but it might be good down the line.
Answered on Aug 01st, 2012 at 2:18 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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His retained lawyer should check out the status of the case and determine if it has been dismissed. If so, then he needs to get it expunged. It is unlikely the military will take him if the case shows pending.
Answered on Aug 01st, 2012 at 2:13 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Statute should have run. Speedy trial has definitely run. He should be able to join the military.
Answered on Aug 01st, 2012 at 1:11 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know what indecency means. Normally, indece nt exposure, a misdemeanor, would have a 1 year statute of limitations. Since you are well beyond 3 years the charge must be something different. Most felony child sexual abuse charges would have an 8 year statute of limitations. It sounds like you are also past that so you could consult that lawyer again. It is highly unlikely that if charges were not filed by now, they are ever going to be filed.
Answered on Aug 01st, 2012 at 1:08 PM
Here is the problem. Charges like "indecency" don't just disappear. You need to investigate the charge thoroughly. Either hire an investigator or a lawyer. If for no other reason then the peace of mind of knowing the outcome of the charges.
Answered on Aug 01st, 2012 at 1:04 PM
Steven D. Dunnings
You should ask the Military.
Answered on Aug 01st, 2012 at 1:00 PM