juantonsoup
New Member
Thank you.
That's some sound advice. Thanks, I usually look to get feedback from people and my family so I will just let this long process play out and make sure I'm mentally and physically ready to go to OCS.
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Arrested after getting accepted to OCS, but before heading out..just read.
- Thread starter juantonsoup
- Start date
That's some sound advice. Thanks, I usually look to get feedback from people and my family so I will just let this long process play out and make sure I'm mentally and physically ready to go to OCS.
exNavyOffRec
Well-Known Member
well, I guess I don't need to ask my question....
Just to be clear. You will not ship with any pending legal action. So, yes, you could lose your class date if the timing doesn't work out. If you get it dropped or are acquitted the Navy should do right by you. That means no plea bargains. Anything on your record regarding this sort of thing will sink you. I was arrested with a pending class date (misdemeanor, but it involved flying and conduct), was convicted by a small town Kangaroo court, sentenced to 30 days and $336.00, appealed to the Superior Court and got it over turned all before my ship date. It is a long story probably told somewhere on AW. Point is, they don't care about allegations.
Best advice so far: Quit posting anything regarding details. From here on a simple Thank You or basic acknowledgement will do. Also scrub all Facebook and other online references. When it is over let us know the details. We can wait.
Best advice so far: Quit posting anything regarding details. From here on a simple Thank You or basic acknowledgement will do. Also scrub all Facebook and other online references. When it is over let us know the details. We can wait.
No, just dropping 70-80 water balloons on a cop and the city manager from an airplane, low flying, self representation in court, an aggressive prosecutor and a 80 year old judge that quite literally went to sleep a couple times. A retelling of the story a year or two later led to a short lived squadron call sign I liked too much so lost it to Wink.
Spekkio
He bowls overhand.
Others have given you sound advice. I will just reiterate that you need to stop using any sort of social media. Delete your facebook, your twitter, whatever you have. The prosecutor, if he/she is overzealous, will use whatever you have on the web to paint a picture of you as a self-serving, callous criminal who needs to be taught a lesson.
You write down or discuss nothing about this without your lawyer present, and quite frankly if you're not talking to your lawyer in a private room or giving testimony in a courtroom, then it's none of their business. If anyone asks about you leaving for OCS, your application 'got held up.' That's all they need to know.
GangsterThe "MadBomber"?
BzB
juantonsoup
New Member
Thank you for sharing your experience. I was looking to see if anyone had any experience. I will follow that advice.
Roger that, thank you.
Unfortunately, no one on here can help you. Your recruiter can't help you. I think the bigger priority now is to get this off of your record. It will mean a lot to you, not just for your time in the military, but for your personal life as well when it comes time to take out loans, apply to jobs, ect. Getting this off your record should be your only concern right now.
Here's what you do: Find a lawyer who will sue the store you got arrested in for false accusation and defamation to the tune of 3 million + legal fees. That is actually a realistic sum of money because if you factor a 20 year military career (what you're risking here) + retirement as an officer, you are making a just claim. What will most likely happen is the store will drop the case when you call them on it and then you will have to go thru the hastle of ensuring that this is expunged from your record. I wouldn't plan on actually making any money off of this, but expect to fight for a small settlement to cover your legal costs and to put up with the potential of your OCS class rollback.
Here's what you do: Find a lawyer who will sue the store you got arrested in for false accusation and defamation to the tune of 3 million + legal fees. That is actually a realistic sum of money because if you factor a 20 year military career (what you're risking here) + retirement as an officer, you are making a just claim. What will most likely happen is the store will drop the case when you call them on it and then you will have to go thru the hastle of ensuring that this is expunged from your record. I wouldn't plan on actually making any money off of this, but expect to fight for a small settlement to cover your legal costs and to put up with the potential of your OCS class rollback.
By the way, I have no idea where you live, but it is extremely rare for people to get picked up these days for shop lifting. Stores do a lot to deter shoplifting, but they rarely stop it once it happens because it opens up a lot of opportunity for lawsuits.
I do not recommend this. It will go no where, be distracting to your true goal and prove to be costly. Merchants have more latitude under the law regarding this sort of "mistake." There are essentially no damages at this point. A claim the store will drop the charge over the threat of a lawsuit is mighty bold considering no one here knows all the facts. That isn't to say innocent or guilty of theft, but whether what the store did was within the bounds of reasonable under tort law. They are permitted to mistakenly accuse people, just not unreasonably so. And there is a fair amount of latitude there.
Spekkio
He bowls overhand.
I agree. The whole threaten lawsuit sounds dubious. The store didn't book OP for a felony, the police did. All the store did, according to OP, was call the police when they suspected that theft occurred. You also can't sue for legal fees in America just because you won a case. It's been the subject of tort reform for many years, but there's no 'loser pays' provision because they don't want people to be afraid to bring forward lawsuits or calling police if they have to pay both parties legal fees if they lose. You can try to find a lawyer to threaten it, but the store's legal team will just laugh at him.
And correct me if I'm mistaken, but I think the whole 'I'd like to drop the charges' can only happen prior to arrest/booking. Once the suspect is in the 'system,' the case is in the state's hands. Nothing good can happen if OP contacts the store while a criminal case is open, particularly if it's to threaten litigation in an attempt to get them to stop cooperating with the prosecution. If the facts are as OP stated, it probably won't be difficult for his lawyer to get the prosecution to drop the case. OP will be out some lawyer fees and time. Finally, you can't expunge an arrest -- employers generally aren't legally allowed to ask if you've been arrested, only if you've been convicted. The ones who are allowed to ask will find the record regardless of whether the record is expunged.
But this is all from my experience going through the legal system once upon a time. The OP should contact a criminal defense attorney and do exactly as he/she says.
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