How will probation be affected by involvement in the military? 5 Answers as of March 30, 2011

Dec 2009 my son turned himself in for committing PC 459 residential burglary, he cooperated with the SO, everyone, returned most of the items taken, did not turn in the other guy though, spent 30 days in jail, already signed, sworn to the military shipping to boot camp, no enhancements at court hearing so he could go to boot camp, he did still in service been over a year and will be back in September to be sentenced. What will they sentence? He's been promoted, doing great, has no prior record at all, the court is aware of all of this and his joining BEFORE this happened, he didn't join to avoid this, if he gets probation what’s the military going to do with him? Couldn't his service term be his probation he's under the government’s control not running wild.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
I think your post omits a number of facts regarding what happened to your son in court. To properly answer the question, one would need to look at all of the court papers. I think your son had a very fine and persuasive attorney. Consult that person wih your questions.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Sounds like he will probably just get probation and this should not have any noticeable effect on his military career. The only time you would notice it is if he does something to violate it and then that's considered a new offense.
Answer Applies to: California
Replied: 3/30/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
He needs to talk to his attorney and ask that person these questions. They have all the facts and know the judge in his case.
Answer Applies to: California
Replied: 3/29/2011
Robert Mortland
Robert Mortland | Law Office of Robert Mortland
There are ways to get no probation on cases. However, the court typically asks for extra days in county jail to achieve this goal. Unfortunately, the military does not typically accept recruits that are on probation. Thus, he may look into doing extra time or negotiating a disposition with the district attorney to allow him to go to the military. If you have any questions, feel free to call my office.
Answer Applies to: California
Replied: 3/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
All such issues and questions should have been fully disclosed and discussed in court with the DA and judge before agreeing to a plea and sentencing, if that is what happened. If the court simply deferred entry of plea, then when he goes back to court on that hearing best guess: if the court let him go without probation being imposed, then he has nothing to worry about now, they probably will dismiss, or at least not impose probation. If he did already get probation, and there is still time to run on his probation, he will simply do it, avoid trouble, and it will terminate without further court involvement.
Answer Applies to: California
Replied: 3/28/2011
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