Special Courts Martial

[sempercoastie]

I was convicted in October 2003 in a special court martial. I was in the US Coast Guard, and I would like to know if I am a convicted felon or not. I could not seem to get any answers from the Court of Criminal Appeals or the Office of Military Justice. I have never received a record of trial and have requested it numerous times. My crimes required me to register as a sex offender when i got out of jail.
I was only confined from Oct 29, 2003, to May 10th or earlier of 04.I was handed a BCD as well. I have a voters registration card from MI, and I voted in the last election and the one before that.
I lost a job recently, because HR people accused me of lying on my app about being convicted of a felony......i had marked that I wasn't. That was what my JAG lawyer had told me before and after my Court Martial. I am very confused about the whole thing and also very suspicious as to why I can't get any answers. My father thinks that i was rail-roaded into confessing and then being convinced to plead guilty to something I could have beaten.
And He is a Navy vet of 24 years**************
If anyone can answer these questions for me I would appericiate it greatly.

[mlane58]

As a general rule, Special Courts Martial convictions are considered the same as or similar to district or city court convictions, and equate to misdemeanor convictions. General Courts Martial are considered the same as superior court convictions, where felonies are tried.

[ERAUPIKE]

Originally Posted by sempercoastie

I was convicted in October 2003 in a special court martial. I was in the US Coast Guard, and I would like to know if I am a convicted felon or not. I could not seem to get any answers from the Court of Criminal Appeals or the Office of Military Justice. I have never received a record of trial and have requested it numerous times. My crimes required me to register as a sex offender when i got out of jail.
I was only confined from Oct 29, 2003, to May 10th or earlier of 04.I was handed a BCD as well. I have a voters registration card from MI, and I voted in the last election and the one before that.
I lost a job recently, because HR people accused me of lying on my app about being convicted of a felony......i had marked that I wasn't. That was what my JAG lawyer had told me before and after my Court Martial. I am very confused about the whole thing and also very suspicious as to why I can't get any answers. My father thinks that i was rail-roaded into confessing and then being convinced to plead guilty to something I could have beaten.
And He is a Navy vet of 24 years**************
If anyone can answer these questions for me I would appericiate it greatly.

Did you notify your last employer that you were a registered sex offender?

[ERAUPIKE]

Originally Posted by mlane58

As a general rule, Special Courts Martial convictions are considered the same as or similar to district or city court convictions, and equate to misdemeanor convictions. General Courts Martial are considered the same as superior court convictions, where felonies are tried.

Incorrect, please consult your MCM. A military court-martial conviction is generally considered a "felony conviction," if the maximum permissible punishment for the offense is one year or more in prison. In this case, it would be a felony.

Those convicted by a Summary court-martial, and those convicted by a Special court-martial, prior to May 2002, are not considered to have a "felony conviction."

For those convicted by a General court-martial, or a Special court-martial (May 2002 and later) may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the MCM.

[mlane58]

Originally Posted by ERAUPIKE

Incorrect, please consult your MCM. A military court-martial conviction is generally considered a "felony conviction," if the maximum permissible punishment for the offense is one year or more in prison. In this case, it would be a felony.

Those convicted by a Summary court-martial, and those convicted by a Special court-martial, prior to May 2002, are not considered to have a "felony conviction."

For those convicted by a General court-martial, or a Special court-martial (May 2002 and later) may have a "felony conviction," depending on the maximum punishment authorized for the offense, under the MCM.

I'll be sure to let my brother know, who is an active duty JAG Colonel who gave me the information. I certainly would believe he knows what he is taking about over you.

[ERAUPIKE]

Originally Posted by mlane58

I'll be sure to let my brother know, who is an active duty JAG Colonel who gave me the information. I certainly would believe he knows what he is taking about over you.

Sounds like a plan. It is hard to believe someone with that much rank would not have known the correct answer, perhaps it is because he doesn't exist.

[sempercoastie]

Ok....if you guys are gonna fight I am not gonna ask for help.
First of all, I am not required( as far as the police can tell me) to tell employers that I am a sex offender.
Second of all...I do remember my JAG lawyer telling me the most I could get at a special courts-martial for my crimes was a year. But He told me that if I had not answered questions and not waived my rights...he could have beat the charges in a general-court martial. But after being fooled into asking a crap load of questions by a CGIS agent ( I was very naieve and much younger), my lawyer told me I had no choice but to take a plea agreement.
My plea agreement was to plead guilty, and then I would get only a year or less confinement and a Special court martial. He told me to take the agreement because it would keep me from going to jail longer than a year, and keep me from being convicted as a felon.
I have gone through a lot trying to get answers.....I even tried to track down my JAG lawyer from 2003.....and the Navy shut me down every time I tried to find him.
I have requested a record of trial and copies of all agreements/interrogations between/from USCG and and local law enforcement. ( I was taken by local and state PD to a State post and interogated. Nothing ever came of it, I was never arrested or Mirandized by local or state PD) When I was preparing to leave the brig for civilian life, I had to go over some legal paperwork with a counselor( a Navy E-6, not a lawyer), and he told me I would have to register as a sex offender for life. He said their was an agreement between the military prosecutor and the civilian one, one that kept me from going to civilian court and jail. He said that they agreed to do that as long as I registered for life.
(On the sex offender registry, it says my offenses are felony listed. I looked up the definition, and it says even if I was only convicted on those offenses as midemeanors, they are listed on SOR as felonies.)
I have never seen a copy of this agreement( not that they would have one) nor have I talked to anyone privy to it, or privy to one similar. I have never been given anything I ask for.....just documents pertaining to my appeal( which was automatic,and denied just as automatically. I didn't even know they automatically filed appeals for you).
I have spoken in person with a former JAG lawyer, and he says something smells fishy. I kinda think so to. I just want answers....I would like to make my life easier, just a little bit. I am currently jobless, and just found out I have a baby on the way. If i could prove to people I am not a felon....I could get my job back.
Thanx

[sempercoastie]

I looked up a pdf version of the 2002 MCM and the max sentence for all my charges was over a year, dishonorable discharge, forfeture of all pay and rank. If previous statements are correct...my convictions are considered felonies. But the whole special court martial thing is still there.

[ERAUPIKE]

Originally Posted by sempercoastie

I looked up a pdf version of the 2002 MCM and the max sentence for all my charges was over a year, dishonorable discharge, forfeture of all pay and rank. If previous statements are correct...my convictions are considered felonies. But the whole special court martial thing is still there.

The previous statements are correct and you do have felonies on your record. The statements are directly from the MCM.

[sempercoastie]

well, thanx for the answers......HR has me buy the balls.....they say that I knew for all they care. Guess I am not getting my job back.....