Misdemeanors...what now?

M

MattP

5-Year Member
Joined
Nov 11, 2010
Messages
11
My application for NROTC and USNA have both been in for months now. Two friends and I were charged last week with two misdemeanors. Larceny and Trespassing. Im not going to go into detail, but I will say we were all very dumb, and we are guilty, and the property owner is not going to drop the charges. Where we live, deep in the hills, theres not much around except for plenty of empty fields. Our exploring took a wrong turn. None of that is important because what we did was wrong. My question is, do I call up NROTC and USNA and tell them? I understand this will eliminate my chances, but the charges are going to exsponged... Just need some advice on how to handle this as far as applications go. And also, one of my friends is going to be valdadictorian and is going to Harvard and we wants to know if he should contact the school, and should I contact the universities I applied to?
 
BTW the smiley in this post was suppose to be a :( face and idk how to change it
 
Hire a Criminal Law Attorney

You need to find the best attorney you can as soon as you can. If you have no prior record, there are many ways to resolve a misdemeanor charge without having it result in a criminal conviction. For example, you may enter into a diversion agreement which basically causes a time out in the criminal court; it allows you to make restitution, do community service, and remain law abiding in exchange for a dismissal of the charges. In many states, you may enter into an agreed or stipulated order of continuance with the prosecutor's office which is a more informal agreement similar in nature to the diversion. Some states also have something called a bail forfeiture for misdemeanors which does not constitute a conviction. Do not be in a hurry to resolve this case until you find the best legal advice. Good luck.
 
I'll second that: find a good lawyer. You may still be in the fight. You should be able to avoid a conviction on your record if you don't have priors. As far as your reporting duty to the Navy, someone else here will have to answer that.
 
Absent counsel from that attorney to discover what kind of protection the law avails to you re: identity, I'd not be too quick to self-convict or identify. There is time for that.

However, that noted, the question you and only you can and must answer relates not to the legality of this but the measure of your character relative to the concept of honor. And don't read anything into that either beyond recognizing that the law is there to identify boundaries of behavior, convict those who cross over, and protect those who don't. Honor is something else, far more important.
 
Something else to consider: The summer that my former Mid Kid was in the app process, said kid received a ticket for a 'rolling red'. Kiddo immediately contacted the fantastic B&GO for advice. B&GO was very glad to be contacted, considering the circumstance and offered wise counsel. All worked out favorably, honesty was and <always is> the best policy. Best of luck!
 
Two separate but related issues here . . . criminal record and character. WRT the former, it makes sense for any number of reasons to ensure you have proper counsel (an attorney) to minimize your short and long-term consequences. If you're appointed to USNA (and I assume for ROTC as well), you'll be asked to provide a criminal record check. That's where this will, or won't, show up.

Secondarily, I believe USNA asks admitted candidates about "character" issues that didn't necessarily result in criminal charges -- e.g., alcohol, drugs, and stuff like you did. That's where you'll need to be truthful about this episode. USNA refers such activities to a "character board," which evaluates their seriousness, what you learned from them, etc. USNA realizes not everyone is perfect. However, each case is assessed on an individualized basis.
 
First of all, there's no big hurry to inform the Naval Academy. You still have time to get this resolved. Part of the appointment packet is a background check. At that time it will be revealed that you have a criminal record if, in fact, it is not resolved by that time.

Get legal advise and try to avoid it making on to your record. You've already received good advice - take it.
 
MattP said:
My application for NROTC and USNA have both been in for months now. Two friends and I were charged last week with two misdemeanors. Larceny and Trespassing. Im not going to go into detail, but I will say we were all very dumb, and we are guilty, and the property owner is not going to drop the charges. Where we live, deep in the hills, theres not much around except for plenty of empty fields. Our exploring took a wrong turn. None of that is important because what we did was wrong. My question is, do I call up NROTC and USNA and tell them? I understand this will eliminate my chances, but the charges are going to exsponged... Just need some advice on how to handle this as far as applications go. And also, one of my friends is going to be valdadictorian and is going to Harvard and we wants to know if he should contact the school, and should I contact the universities I applied to?
Click to expand...

Question. You said that you and your friends are being charged with two misdemeanors. Did the police make a full custodial arrest? Meaning - were you booked, photographed and fingerprinted? If so, even if there is no conviction, and you were an adult at the time, the arrest and your prints will always be on file.

Follow the good advice about seeking counsel. If the charge is going to be expunged make sure your attorney also asks the court to to expunge the arrest record. Don't assume that it will be done automatically. You don't want a criminal history - including your fingerprints, following you around for the rest of your life. Anybody that does a background check will find out about it. If you were a juvenile at the time of the offense make sure that the record is sealed.

Good luck!
 
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