how can i fix a misunderstanding with the national guard and probation officer?
My brother has to meet up with his probation officer once a month but he missed his last appointment because he was out with training with the national guard. he failed to notify his probation officer about this and his PO sent out an order of arrest. when he came back and reported himself they arrested him on the spot and now hes behind bars... is that even right? also, to make things worse he has another training he shouldve reported to but due to him being behind bars, he didnt go...
what can he do to fix all these misunderstanding?
- ahsoasho2u2Lv 78 years agoFavorite Answer
See Staub v Proctor Hospital 560 F 3d 647 (March 1st 2011) and 38 U.S.C. 4311 which deals with a discriminatory action taken against a service member for service done.
His probation officer should have been aware or made aware of his NG status when he filled out the initial paperwork on him?
Since he was out on a training ADT or a UTA or a MUTA, he should be covered by his NG Unit and their records showing his attendance.
The employer support of Guard and Reserves Act would allow him to attend drills as federal law supersedes state laws here as the NG is the states ARMY / MILITIA?.
Get his AG to represent his case for the NG Unit he is in.
The NG can ask why is a soldier being detained, when called to duty, by state and federal law, under the support of the Guard and Reserve Act?
- JBLv 68 years ago
Contact his commanding officer and obtain their help. They should be able to produce documentation of scheduled drill dates.