My fiance has a court date scheduled while he is in army basic training? Help?
So my fiance received a traffic violation ticket and had a court date scheduled on August 16th. BUT he left for Army Basic Training August 1st. He tried rescheduling his court date, but the workers at the courthouse were unable to schedule a date in January (thats when he comes back). So they told us to write a letter.. The day he left he wrote a letter explaining his situation to the surperior court, but I'm guessing they rejected it. I just received a letter in the mail today stating that he failed to appear in court and now he must attend his next court date on September 7th and pay a 300$ or pay 1540$ (which is not an option). If failure to do so, they will suspend his license or put a warrant out for his arrest. No negative comments please, im already under a lot of stress. Will the army release him from basic training to go to his courtdate or what will happen? What should I do?
- Anonymous9 years agoFavorite Answer
That is called fraudulent enlistment and he will likely be separated when a warrant shows up (one will). His recruiter will also be investigated and possibly relieved. The Army has no need for dishonest people and at least one of them was hiding this.
Had this been handled correctly (honestly) his ship date would have been moved and he would have had to renegotiate his contract.
A fraudulent enlistment will ensure he cannot reenter military service again.
- Anonymous3 years ago
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- WilliamH10Lv 69 years ago
The best advice is to get a local attorney, they usually know people in the court house who can get these things done in a timely manner.
If you can't, then you go on Sept 7th and explain the situation to the judge. Provide a copy of the letter as well asking for a postponement. They may not grant the postponement until January, but may work on a payment plan for him and most likely will not issue an arrest warrant. An arrest warrant is usually only issued if the traffic violation was serious enough(DUI, etc) or for failure to appear. You showing up and explaining the failure to appear will usually be sufficient to quash any arrest warrant.
Again, the best bet is to hire a local attorney to fix the problem.
He won't be discharged over a traffic violation unless it is a MAJOR violation, such as a death. He is not being discharged for going 70 in a 45.
- AJLv 79 years ago
No they won't let him go to the court date.
Oh please, courts do not drop the fine for traffic violations. What the heck did you do get a $1540 ticket? Suspened license? That's sounds alot like a DUI/OWI.
Bottom line, the Army is not going to let him leave basic to go to a court date. He needs to take care of it both he leaves or tell his recruiter he can't go at that time and have it pushed back.
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- lana_sandsLv 79 years ago
Why did he not just pay the damn ticket? Typically you lose in court any way pay the court cost.
Your Not option is now a option. Get out the phone book and start hitting up friends for $$$$ to bail out boyfriend from jam.
- MrsjvbLv 79 years ago
then he committed fraudulent enlistment.
he was INELIGIBLE to ship while he had ANY open court issues.. ANY. so yes when the Army finds out( and guess what, the courts/police system actually does inform them of issues like this) they will kick him out under a Fraudulent Entry discharge code and he will NEVER be allowed to enlist in any other branch.
- 9 years ago
Write him a letter and get him to send you a copy of his orders to basic training, nothing they can do to him if he's on orders for training
- mgan v.2Lv 79 years ago
If they release him, it will be with a Entry Level Discharge! He's going to have to deal with a warrant for his arrest when he finally gets home.
- 9 years ago
that should have been addressed before he shipped and also he was irrisponsible for not reporting to his recruiter with this information within twenty four hours of it taking place . Im not sure how they will handle this or if the will help at all seeing as he didnt fulfill his obligation.Source(s): army reserve recruiting assistant and enlisted member awaiting my own ship date to arrive.
- 9 years ago
What puzzles me..is how did he ship with a pending court date? When I went, we did "pre-ship counseling" to ensure that we had no issue, if we did, no ship. The ticket would have superseded his shipping to basic