Charged with a Felony, can I still join the Air Force?

Discussion in 'Air Force Academy - USAFA' started by teammystic808, Jul 24, 2016.

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  1. teammystic808

    teammystic808 New Member

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    Hi guys I am a college student at Hawaii Community College Hilo and just recently transferred to UH Hilo. Ive always wanted to join the Air Force since I was in High School. Now I am 20, turning 21 in October. The situation that worries me right now is that, I am being charged with a felony. My neighbor came into my yard while I was shooting targets with my BB Gun and suddenly started attacking me. He even struck me in the face with my own BB Gun and I required stitches (taken to the hospital via ambulance) and after his attack on me I immediately called the police. I did not fight back at all in the attack. Police came, I gave my statements and I go to the hospital. Later that day I find out he is charged with Assault 3 and simple trespassing. I also find out I am being charged with terroristic threatening in the 1st degree because he told the police I pointed the gun at him. If I get charges dropped, what should I be looking for? If I am able to get a Nolle Prosequi for the charges, will I be ok? Would I still require a waiver for the felony charge even if I was not convicted? Does it help if I tell the recruiter that my attacker was a repeat offender? His own father filed a restraining order against him.
     
  2. AJC

    AJC Member

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    I have you been arrested on those charges? Have you been arraigned on those charges?
     
  3. teammystic808

    teammystic808 New Member

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    I have not been arrested yet. Its been 2 weeks and the police havent even submitted anything to the Prosecutor yet. Scary thing is, my neighbor wasn't even arrested that day. They said they were "still investigating".
     
  4. AJC

    AJC Member

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    No arrest no charges. At this point an investigator from the prosecutor's office will talk to you next.
    All you can do is wait.
     
  5. brovol

    brovol Member

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    If the charges are actually nolli prossed (dismissed on the prosecutor's own motion), you would want to make a motion for expungement of the file and fingerprints. You will likely need to report the incident and the charges to the academy, with an explanation why the charges were dismissed. Same answer if you are found not guilty. The Academy will assess the incident itself to determine if it reflects poorly on your character.

    Keep in mind, prosecutor's offices dismiss charges sometimes, as do juries, simply because the evidentiary threshold of"guilty beyond a reasonable doubt" can't be met, as opposed to "because the defendant didn't commit the crime". The academy isn't bound to that same threshold. It has 17,000 applications each year, and most of those kids have never been close to a situation where they could be charged with any crime, let alone a felony.

    If it is conspicuous to the prosecutor that you were the victim , and had no criminal culpability, I would ask the prosecutor for a letter explaining that, to be sent to USAFA .
     
  6. teammystic808

    teammystic808 New Member

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    Thank you. if the charges do make it to court, and i am found not guilty or charges are "nolle prosequi" do i still have a chance of joining? and do i need a waiver?
     
  7. AJC

    AJC Member

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    You have not been arrested. You have not been charged. At this point you have no issue.
    If it goes to court and you are found not guilty then when you answer the question "Have you ever been arrested?"You answer yes. When answer "If yes, explain" you explain.
    But if you did not do what this guy says and there is no proof you did what the guy says, then don't worry and let it play out. You are the one with proof he assaulted you. They have to prove you are guilty, you do not have to prove you are innocent. With no proof other than a guilty man's accusation this will probably go away.
     
  8. brovol

    brovol Member

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    The answer depends. Just being investigated is not so much a problem, but if you have been charged, even if not convicted, you will have to deal with that, both with the Academy in terms of being admitted, but also with getting a security clearance through the EQIP process.

    I don't think this should be dismissed as a concern. It is something you need to be concerned about. And if you are convicted, you won't be admitted to any of the academies. So, deal with the charged first, and then worry about the rest.
     
  9. NAS

    NAS Banned

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    Agree with AJC--no arrest, no booking, no charges, ...no issue, yet.
    Spend the money now though and talk to a good lawyer. Be ready and have a precise gameplan in case something moves forward.
    Do not speak of it... because at this point it is not an issue.
    ...and by the way, don't beat yourself up too much over this, lesson learned--sounds like you've got a crazy damn neighbor!
     
  10. Jcc123

    Jcc123 Member

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    Just for clarification, are you asking about enlisting in the Air Force or applying to the Air Force Academy?
     
  11. teammystic808

    teammystic808 New Member

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    The Air Force, it seems Ive joined the wrong site. Lol! But would it be harder to get into the Air Force with this problem?
     
  12. teammystic808

    teammystic808 New Member

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    Thank you
     
  13. teammystic808

    teammystic808 New Member

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    Thank you
     
  14. Maplerock

    Maplerock Proud to be an American

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    Sounds like you're a good candidate for the Marines.
     
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  15. USMCGrunt

    USMCGrunt Member

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    Uhh... why is that Maplerock? ;)
     
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  16. brovol

    brovol Member

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    The original post says he "is being charged" with a felony. Thus, whether he has been formally arrested or yet arraigned on the charges isn't dispositive.

    I was thinking though that the OP was seeking appointment to USAFA, rather than enlisting. I suspect the threshold with respect to criminal record might be different.
     
  17. Maplerock

    Maplerock Proud to be an American

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    jk... I love the Marines. They take no guff.
     
  18. teammystic808

    teammystic808 New Member

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    Thank you guys I just talked with an Air Force recruiter today and he said if I am charged with it and the charges are dropped because a lack of evidence, I would still be able to join.
     

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