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Can a military retiree lose his pension for a court conviction?
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Being charged with a DUI in a military base is considered an automatic conviction?
No. You go to court, the same as you would in the civil sector.
Can someone who went AWOL from the military buy a gun?
Depends on their discharge. A General, Bad Conduct, or OTH won't bar them - an actual Dishonorable Discharge, which is the result of conviction under a military court martial - will.
What are the similarities and differences between the conviction in the state courts and conviction in federal court?
A person is more likely to be convicted in a state court than in a federal court.
Is a plea the same as a conviction?
No, they are not synonymous. A 'plea' is what THE DEFENDANT OFFERS to the court. A CONVICTION is the 'finding' of the court after considering all evidence and testimony.
What is the process for expunging a military conviction?
File DD Form 149 with the appropriate Board for the Correction of Military Records. Please note that if the conviction was proper, it will not likely be expunged. If you want to succeed, you should probably retain a lawyer who specializes in military law. http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf ADDED: Pardon of a military offense See also: http://answers.google.com/answers/threadview/id/478249.html If you are requesting pardon of a court-martial conviction only, you should submit your completed petition directly to the Secretary of the military department that had original jurisdiction in your case, giving all pertinent information concerning your court-martial trial and conviction. Pardon of a military offense will not change the character of a military discharge. An upgrade or other change to a military discharge may only be accomplished by action of the appropriate military authorities. To apply for a review of a military discharge, you should write to the relevant military branch.
If You Get Divorced, How is Your Military Retirement Pension Divided?
U.S. military members are entitled to a pension when they retire. If a military member gets divorced long before he reaches retirement age, the divorce court must consider the pension he is likely to get years later and how to divide it. Most states consider military pensions to be assets subject to division just like other marital property.Uniformed Services Former Spouses Protection ActThe Uniformed Services Former Spouses Protection Act, or USFSPA, is the law governing the division of military pensions following a divorce. This law gives states the power to divide military pensions between spouses in the event of divorce. Only a divorce court in the state the spouses reside in may have the power to make this type of decision, unless the spouses consent to the division. For example, if a service member lives in New York but is stationed in Colorado, he has to give consent for a Colorado divorce court to divide his military pension. Otherwise, this part of the divorce would have to be handled through a New York court. However, consent doesn't have to be explicit or in writing. If the service member participates in divorce proceedings in Colorado, the court will often presume consent to handling the division of pension in that state.10-year RuleThe USFSPA covers all military spouses, regardless of the length of the marriage. The marriage doesn't have to last for 10 years for divorce courts to divide the pension plan. However, if the marriage lasted 10 years or more, and one or both spouses served in the military for at least 10 years of the marriage, the U.S. Defense Financing and Accounting Service pays the ex-spouse her portion of the pension. Otherwise, the spouse who receives the pension must pay his former spouse her share when ordered to do so by the court.Timetable of PaymentsThe divorce court can determine when a former spouse is entitled to pension payments. In some cases, the court may order that the ex-spouse receive her expected payment immediately in one lump sum. In other cases, the court may require that the ex-spouse begin receiving payments upon her former spouse's retirement.
How does conviction occur?
It is decided by a court of law.
What does court material?
Court Martial means 'Court-Military' or a military trial for a member of the military for a violation of that nation's military rules & regulations.
What is a civil conviction?
Civil Conviction - a finding of guilt to a violation of a rule, regulation or law outside a criminal court
What does court material mean?
Court Martial means 'Court-Military' or a military trial for a member of the military for a violation of that nation's military rules & regulations.
Do you have to report jeuvenile crimes on an job application?
If the court proceedings were held in juvenile court and resulted in an adjudication instead of a conviction, you do not have to report it as criminal history. This is because the records are sealed and it does not count as a conviction.
What does materially?
Court Martial means 'Court-Military' or a military trial for a member of the military for a violation of that nation's military rules & regulations.
