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  #1  
Old 04-16-2007, 08:31 AM
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Join Date: Jun 2006
Location: NY
Posts: 27

Family Offence and Criminal Charges


What is the name of your state? NY
My soon to be EX is in the NY ANG part time. He was recently found guilty of a family offence in family court. He is also facing charges by the DA's office for stalking and harrassment. He more than likely will be found guilty of these charges as well. My question is: can this impact his job? And, how will the ANG find out about this? Does the court have to notify them?? He will not tell them. Thank you in advance.
  #2  
Old 04-16-2007, 04:21 PM
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Join Date: Apr 2007
Location: Ft Stewart
Posts: 32
I'm active duty MP. I know my unit has it's own CIR (Creditcal Incident Report) which states what has to be reported immediatly to your chain of command. As for UCMJ actions for him not telling anyone I'm not sure. He might have something like a CIR which will state that the following things have to be reported immediatly such as for example:

Any incident involving a soldier such as murder, rape, child abuse, domestic abuse, attemped suicide, suicidal gestures, or suicide. (does this mean I need to inform my chain of command that I already killed myself? lol)

Any unusual accidents or incidents that may result in adverse publicity for the (unit name here), the installation, or the Army, this includes a soldier being apprehended or jailed off post.

Or any incident the "Commander" feels may be unfavorable or has potential interest to the Command.


That's part of atleast my units policy he may have something like that.
  #3  
Old 04-18-2007, 03:40 PM
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Join Date: Apr 2007
Posts: 13

The Court won't tell


If he doesn't report it himself then the charges will probably not come to light until he has a security review. These are done on a regular basis for some jobs and ranks, otherwise he will probably be able to just not mention it until his unit readies for a deployment. You weren't specific as to his charges but a conviction falling under Family Violence would cause the Laughtenburg Amendment to be invoked which would result in a discharge.
  #4  
Old 04-19-2007, 09:56 AM
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Join Date: Jun 2006
Location: NY
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Smile

Hi thankyou the charges in family court are harrassment. I am getting a 5 yr. OP from him and he is getting some sort of probation. I will find out for sure on April 30th thats when we go back to court. As for the criminal charges they are harrasment and stalking. The DA is prosecuting, his first appearance the DA offered probation and an OP for me and I think she said 2 weekends in jail. He refused. So the DA said no more offers they go to court on April 23rd on that but I know he is going to want a trial so I wont know outcome for a while I presume. He is a Major in the New York ANG. Thanks for any information.
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