I’m in the Military. How Will a Florida Arrest Impact My Position?

• You could be denied admission. If you are not yet in the military, but wish to apply, an arrest can be an impediment, though it likely depends on the circumstances. You will be asked about your criminal record when you apply. If you aren’t honest about your past, you could later be discharged for fraudulent admission. If you do answer honestly, you might be denied entry altogether. People with prior criminal records can request a waiver to be admitted anyway. However, it’s always at the military’s discretion and will depend heavily on the circumstances of the offense.
• You could be demoted. Service members who violate their branch’s strict code of conduct could be sanctioned with demotion in rank. You could also be denied future promotions on the basis of your civilian arrest/conviction.
• You have wages reduced. If you’re sentenced to 30 days or more in jail (but less than 1 year), you could well find yourself bumped down a pay grade.
• You could lose security clearance. Depending on the nature of the allegations and the level of your security clearance, an arrest or conviction could result in the military reducing your security clearance - or stripping you of it altogether. This is true even for offenses as seemingly minor as underage alcohol possession or unlawful possession of a small amount of controlled substances.
• You could face a court-martial. It’s not considered double jeopardy to be tried for the same charge in a state civilian court and military court-martial. As noted by the U.S. Department of Defense, investigations of serious offenses are usually conducted by an internal criminal investigative agency, such as the Army’s Criminal Investigation Command. Lesser offenses will typically be investigated by military or security police investigators. Minor offenses may be pursued at the discretion of the commanding officer. Before any charge is sent to a general courts-martial, an Article 32 investigation must be held (akin to a civilian grand jury investigation). At its conclusion, a recommendation is made about whether to pursue charges. Military courts follow federal rules of procedure, but the proof burden for crimes is proof beyond a reasonable doubt.
• You could be dismissed. If you’re convicted on serious charges, it could result in an administrative involuntary discharge from the military. What’s more, that discharge would be classified as dishonorable - which means you lose current and future benefits, such as your health insurance and pension. It’s worth noting that in the military, civilian charges don’t necessarily need to be felonies to be considered “serious.” It will depend heavily on the circumstances, but service members have been dismissed for offenses like domestic violence, breach of the peace, theft, etc.
  

If you have been arrested in South Florida, call The Ansara Law Firm in Fort Lauderdale today for your free initial consultation at (954) 761-4011.

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