Trouble with Military (Dishonorable Discharge) and convictions?

[bercnan72]

So a close relative of mine is in the National Guard. He's completed BASIC training and has been going to drill for sometime. Starting in Feb. 2012, he started to skip out on Drill and hasnt attended since. I believe he had told his recruiter that he was suicidal and that his mom is dead (which is a complete lie, his mother is in great condition). How long does it take the military to take action on someone who isnt doing his duties. And what will happen to him??

In March 2012 the same person as above got convicted of a Class D Felony. He got a job doing apartment maintanence and began going into peoples apartments and stealing jewelry to go pawn. He got charged with Felony charge, Theft- 3rd Degree. On June 30th, he got sentenced to 2 years probation and roughly about $600 in fines.
You would think this would be a wake up call, but no...

2 Days after he got on probation he got in some more trouble. He and an older female had a doctors pad from a doctors office. They had filled it out and went to a pharmacy to try and redeem the prescription for some drugs. Pharmacy knew it was fake and notified the police and both, the guy and lady were arrested and tooken to jail. They both got charged with PROHIBITED ACTS - DRUGS - FALSE / ALTERED PRESCRIPTIONS. Which Is also a felony here in the state of Iowa.Since he obtained this felony while on probation, i would think he would be picking up a probation violation as well??

So all in all, This guy in the military hasnt been attending DRILL for about 5 months and lied to his recruiter about why he hasnt been going. AND has picked up 2 charges in the past couple of months (Either Theft 3rd Degree or Theft 2nd Degree, I Forgot which one. AND PROHIBITED ACTS - DRUGS - FALSE / ALTERED PRESCRIPTIONS which is a felony in the state of IOWA.) Since he picked up the felony while being only 2 days into his probation, i would also assume he would be getting a probation violation.

I think he got away with being held in jail on a probation violation because the Theft charge and the Altering of a Prescription were commited in different counties. Idk though...

Couple Questions...

So im basically trying to figure out why the military hasn't came and picked him up yet? how long do they wait before they charge someone with DD?
How much trouble is he currently looking @ right now? He has Court this monday and i want to have an idea if he will be going away or not? If So, How long???
Im assuming he will do prison time, if so what kind of prison would it be? State or Federal? or Military depending on how it all comes down?


So i have alot more questions i didnt ask so PLEASE, if you can contribute any kind of input, please feel free to answer. Thank you

[egan]

This story is a complete fabrication. The local cops would have turned him over to the state long ago.

The Army National Guard belongs to the STATE, not the Federal Government. Because of this, individual state laws may apply. I've been receiving more and more emails lately about individual STATE Army National Guard commands issuing STATE arrest warrants (for AWOL) for recruits who refuse to ship out to basic training, or fail to attend drill, ever since the end of 2008. To my knowledge, while threats have been made, nobody has yet been sent to state prison for such. Whether or not, such recruits could be subject to state imprisonment in the future, remains to be seen.........

[winfrid12]

Ok...couple of things here.

The National Guard is actually a state organization...not federal. It's a part time job and only a sort of "reserve" force for the Army...utilized by the state mostly for things like responding to natural disasters (floods, earthquakes, fires, etc) or for riot control. Therefore the cops would not "turn him over to the feds".

It may well be that his unit is not aware of his run ins with the law since they have not seen him...in fact, he may already have been dropped from the rolls of his unit with a general under less than honorable discharge for failure to show up.

Since the charges are civilian in nature, he would not be courts martialed. A Special Courts Martial is only given if the charges occur within the military's jurisdiction. Additionally, a Dishonorable, which you referenced, is reserved for high crimes, such as murder, rape, armed robbery (on a military installation) or treason. Again, tho, this would ONLY occur if he was either on active duty.

If/when he is convicted and if/when he gets sentenced to prison, it will be state prison.

Feel free to send me an e-mail with your other questions and I will do my best to help.