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Military charges who can see on civilian background check?
Military charges can appear on a civilian background check depending on the nature of the charges and the reporting agency's policies. Generally, serious offenses, such as felonies or dishonorable discharges, may be disclosed, while minor infractions might not be included. Additionally, the accessibility of military records can vary by state and the specific background check being conducted. It's important for individuals to be aware of how their military history could impact civilian employment opportunities.
Should the army have the power to arrest any citizen?
If a civilian is on a military installation the governing authority would be the Military Police and yes you can be arrested by the Military Police until transport by the Civilian Law can pick you up and await charges or court by the civilian authority. Now off a military installation a Military Policeman can not arrest a civilian unless martial law has been imposed by congress.
How do you have a felony charge removed from your records in Nebraska?
It would have to be by court order.ADDED: The process is known as EXPUNGEMENT. This process applies only to civilian criminal charges and NOT to military offenses.
What is a military arrest?
"Military arrest" is often used to mean that a civilian is taken into military custody.However, the civilian term "arrest" is termed "apprehension" by the military, being the physical act of detaining a violator of law.The term "arrest" means the notification of an individual that charges will be sought in connection with an offense. In most cases, this entails restriction to quarters while the legal process proceeds.The actual definition is Arrest : "moral restraint imposed on a person by oral or written orders of the competent authority, limiting the person's personal liberty pending disposition of the charges."
Can a soldier be deployed with pending civilian criminal charges?
Yes they can. The military commitment takes precedence over civilian commitments. If the soldier is called to court they can write to the court with a copy of their orders and reference the soldier and sailors relief act that will delay any court actions until they return.
Is a ucmj 112a violation a felony in civilian courts?
A violation of Article 112a of the Uniform Code of Military Justice (UCMJ), which pertains to the wrongful use, possession, or distribution of controlled substances, is considered a military offense rather than a civilian crime. However, similar conduct may also be prosecuted under civilian law, where it could be classified as a felony depending on the specific circumstances and jurisdiction. In civilian courts, the seriousness of the offense and potential penalties would depend on factors such as the type and amount of substance involved. Thus, while not inherently a felony in civilian courts, it can lead to felony charges under specific conditions.
For what reasons can you be put under military arrest?
First of all, in order to be placed under military arrest, you must first be a member of the military. Federal law provides protection to private citizens against being policed by the military. In fact, Martial Law must be declared in order for the United States Military branches to have "policing" powers over the general public. As far as a member of the military being arrested, they can be arrested by civilian or military law enforcement for a multitude of offenses. Anything from disorderly conduct, public intoxication, to murder can get you arrested as a member of the military. As a member of the military, whatever charges you face placed upon you by civilian law enforcement, you can face the same charges from the military. Double Jeopardy does not cover you in this regard.
What kind of charges disqualify you for the military?
Common disqualifying charges for military service include felony convictions, drug offenses, domestic violence charges, and certain sexual offenses. Each branch of the military has its own specific guidelines for disqualifying offenses.
If you joined the military will all your charges be dropped?
No
Can you join the military if you have charges?
It depends on the type and severity of the charges. Some criminal charges may disqualify you from joining the military, while others may be waiverable. It's best to consult with a military recruiter for specific guidance based on your individual circumstances.
Can a police constable lay charges on a senior military rating i.e. Petty Officer in the Navy or an Army Sergeant?
Absolutely. Military personnel - regardless of rank or rating - are not exempt from legal accountability. A four star General or Admiral can be arrested by a police officer if they commit a crime which merits arrest, the same as any lower enlisted personnel or civilian.
If you call the cops and someone gets arrested but you didn't sign anything does that mean it was the cops who pressed the charges rather than you?
As a civilian, you do not have the ability to file charges. Charges are filed by a prosecutor. The police and prosecution will arrest and charge individuals, whether the "victim" agrees with it or not.
