How much time?

[mizzycali]

What is the name of your state? California, hi all my friend was arrested for DUI and felony evasion/vehicle, he is in the military, it is his first civilian arrest he had been court marshalled before. How much time is he looking at? Does anyone know under what code book felony evasion falls under I can't find it?

[GotAdvice?]

[url]http://www.leginfo.ca.gov/calaw.html[/url] the penal code IS there if you do a little reading and with a little research you may just find what the courts CAN do--But to save you sum time try this..
Veh. Code, § 2800.1-2800.3, subd. (a)...enter 2800.1 number under the vehicle code section

[CdwJava]

Here is a link to the codes (past the parts between the "url" tags into your browser):

[url]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=02001-03000&file=2800-2818[/url]

He can go to prison or just to jail ... or maybe just get probation. Ultimately it depends on how the charges are filed at court.

- Carl

[paguy88]

I thought that if you are an active member of the US. Military you are property of the united states military... and if a crime and charges are brough you get handed back over to the US military.. and go thru there criminal justice process.. am I wrong on this?

[CdwJava]

Originally Posted by paguy88

I thought that if you are an active member of the US. Military you are property of the united states military... and if a crime and charges are brough you get handed back over to the US military.. and go thru there criminal justice process.. am I wrong on this?

In some cases the military can cite concurrent jurisdiction and attempt to take custody and control over the military member for the crime committed outside the military reservation. In some cases, the local government will permit this ... we had one like that in San Diego over a series of rapes - the county allowed the military to take jurisdiction largely because punishments were more severe, and the military was able to act much quicker. But, this does not happen in every case.

The state does not have to turn the person over to the military in most circumstances.

- Carl