QUESTION

How long will it take until we know for sure if he will be charged and what should we do in the meantime?

Asked on Dec 28th, 2012 on Criminal Law - New York
More details to this question:
My fiance is currently AirForce reserve attempting to switch over active. He was arrested for felony DV on September 17, and we haven't heard anything back. His recruiter needs the disposition of the case to precede also a police report. The jail faxed the report but it was completely blank and when we called, the court didn't even have record of the immediate protective order that had been placed by the judge. And the DA tells me one thing and tells him another. We have to figure out what is going on. How long will it take until we know for sure if he will be charged and what should we do in the meantime? He needs to switch to active ASAP because I'm in college and we currently have no other income beside my tip money which barely covers our utilities.
Report Abuse

3 ANSWERS

Michael J. Breczinski
He should have his lawyer call the prosecutor on this matter. They may be able to get it so there is no charge. The prosecutor has to authorize charges.
Answered on Jan 09th, 2013 at 12:37 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
You need to counsel with an attorney, and attempt to have the charges dropped to allow the enlistment.
Answered on Jan 08th, 2013 at 5:59 AM

Report Abuse
Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
Update Your Profile
It's not the allegation that counts but the ultimate conviction. It is the conviction that is legally significant NOT what is on a police report. His recruiter is looking for the "disposition" of the case; it is not "dispositioned" until the case is over; i.e.; convicted or dismissed. What's more, he is only CHARGED with a felony he is not yet CONVICTED of a felony. You are going about this all wrong what you need to do is suspend the application to re-join active. If this ends up dismissed it is as though he was never arrested. That he need so switch "ASAP" is nothing you can help; in fact by giving the Air Force the police reports and other documents NOW can only hurt him later even if the case is dismissed; it is discretionary as to whether the AF will take him on active duty and they will use those reports against him EVEN IF the charges are dismissed. Right now you need to SUSPEND YOUR PERSONAL INVESTIGATION. You are a waitress you fail to understand the totality of the legal significance of your actions. You are hurting the situation NOT helping it. You need to hire an attorney EXPERIENCED in DV and criminal defense. I don't care that you have "no money" sell some jewelry or something else, borrow the money, or use a credit card. Most of these cases the complaining witness never comes to trial and the state MUST DISMISS THE CHARGES. A local, skilled attorney will know how to make this maneuver. Whatever you do, STOP RUNNING AROUND TRYING TO GET REPORTS FOR THE AIR FORCE!!! If this case is dismissed and the records are sealed THAT IS ALL THEY ARE GOING TO NEED TO KNOW - SO DON'T PUT ANY OTHER INFORMATION IN THEIR POSSESSION AT THIS TIME. Also, if he pleads guilty to a non-criminal matter such as disorderly conduct that should not bar him from entry onto active duty, but I do not know this for sure. He may want to speak to JAG (since he is in the reserves) and ask them what type of conviction will cause an absolute bar to active duty. Best of luck!
Answered on Jan 08th, 2013 at 5:46 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters