PDA

View Full Version : A few questions..



Go_Guard
July 14th, 2008, 02:45 AM
Okay, allow me to explain my story. Its a moderately sized post but I really need some advice.

I was 21 years old and was asked to come out to a bar. It was my first time being in a bar. I admit to drinking heavily with my friends. Well the last thing I remember is having a conversation in the bar with a friend. The next thing I know I'm at the emergency room where I received a few stitches and was released.

The next day I was told I was involved in an automobile accident and my best friend was in ICU. I immediately got dressed and headed for the hospital. Once there I was questioned by the police. It appeared that we had hydroplaned off the road and struck a tree. My friend in ICU had to be cut from behind the wheel.

I stayed at the hospital day and night for 4 days with my friends family until we received the bad news that he had passed away. It was a rough time for all of us. I was constantly asked what happened but I had no recollection of the event. None whatsoever.

Months passed until I was contacted by the authorities. It seemed that new evidence (the constant barrage of emails and threats from M.A.D.D.) lead them to believe that I was driving the vehicle. Of course I knew that I hadnt simply due to the fact that the police report claims that I was thrown from the vehicle and my friend had to be cut from behind the wheel but that wasnt enough for MADD and the prosecuting attorney (re-election year).

After nearly a year of threatening phonecalls and backwoods attorney meetings. I was told that if I simply plead no contest to the charge that I would do no jail time and simply get a few years on probation and an immediate expongement upon completion. The alternative was more of the same threats and snears and either a guilty (5 years in a state pen) or innocent (not likely with MADD forcing the issue and the attorney being up for a judge's seat) verdict.

This was haunting my life and really ruining my relationship with my fiance and my 2 yr old daughter. I plead no contest and accepted the felony not only for myself but for my family and my friends family so they even they could get some closure. Well, that and the fear of not seeing my daughter for a possible 5 years. Its now 7 years later and its come back to haunt me again.

I really want to join the National Guard and do my part for my country and family but it appears I cant seem to get a waiver for my felony. That was the first and last time I've ever encountered the law and I just want to move forward with my life and just be a better person in general.

If you have any suggestions they would be greatly appreciated. Thank you in advance

PFC Lowe
July 14th, 2008, 11:05 AM
Sounds like you needed a good lawyer and got screwed over.


When is your probation up?

SPC Ski
July 14th, 2008, 04:01 PM
What did you plea to?

DUI, or Vehicle Manslauter?

Phantom
July 14th, 2008, 04:44 PM
If you had a police record that stated you were not the driver, that should be admissable in court as evidence. How were you held responsible if you were not the operator of the vehicle? You will need to talk to a recruiter about this to see if you are elligable and what the procedures would be. Good Luck.

Go_Guard
July 14th, 2008, 07:09 PM
Well the sad truth is I plead no contest and was convicted of negligent homicide. I've was given probation and community service. I've done my all my service and I'll be off probation in a few months. Part of the deal they gave me was an automatic expungement which is one of the reasons I agreed to plea. Now after doing alot of research and speaking with a local recruiter I was told that expungement most likely wont help me get into the guard.

I'm a good and decent person. I had never been in trouble before or since the accident and I'm a good christian. I have a family and I just want the best for them. I really want to join the Guard and move forward but I need a recruiter that will go to bat for me.

Go_Guard
July 14th, 2008, 07:15 PM
If you had a police record that stated you were not the driver, that should be admissable in court as evidence. How were you held responsible if you were not the operator of the vehicle? You will need to talk to a recruiter about this to see if you are elligable and what the procedures would be. Good Luck.

No, the police report that stated that I was NOT the driver was not admissable. I dont know how to put this but this all took place in one of the most corrupt counties in Arkansas. I'm not spinning a tale of fantasy either. The Mayor, the Chief of Police, and the local Bail Bondsman were all convicted of manufacturing methamphetamines soon after all this took place.
The same prosecuting attorney incharge of my case somehow "lost" alot of evidence against one of her family members involved.

Heres a little story but if you search, you can find out alot more.
http://www.shortnews.com/start.cfm?id=52762
Basically, if this accident had taken place anywhere else..I'd never have gotten in trouble.

SPC Ski
July 14th, 2008, 08:12 PM
According to the Manual, Table 2-3, line # 124, this is a felony. Para 2-40d(3) states "Despite the legal effect of this action (expungment), it does not change the fact that the applicant committed the offecse or criminal act."

Expungment wont do the trick, Can you appeal the case, based on what you have and what you have shown, and get the conviction overturned?

As the National Guard has stoped all felony waviers, I would have to say, unfortunantly, you are not qualified for enlistment in the National Guard, without getting the conviction overturned.

I would reccomend that if you are serious about joining, you contact your states Defense Force, if you get the avove taken care of, you can switch from the DF to the NG.

Sorry for the bad news

Hickman
July 14th, 2008, 08:19 PM
sounds like you gave up all options when you chose not to fight for yourself...