I know of someone who is getting a dishonorable discharge from the military due to a plea bargain. Is there anyway to get that admonished?
This person went AWOL for several years since he was avoiding a court martial where he was never guilty, and due to an incident with the police, finally got caught up again, went to the brig, and stood his court martial, and he decided to plead guilty just because that would limit the potential number of years however there is obvious evidence that he is innocent based on the situation. Now he is stuck with couple years in the brig, a dishonorable discharge, and likely will be on the sex offender list due to the nature of the charge, and won't be able to find employment anywhere. I've heard of calling someone in CID, or there being routes to clear this up, but I am not sme in military law.
Any advice that I can pass on will help.
- bluebellbkkLv 79 months ago
Sounds as if your friend really worked hard at making the wrong choice at every possible opportunity.
- michinoku2001Lv 79 months ago
If the accused himself isn't interested in this course of action, there is not much you can do.
- LoganLv 59 months ago
If they plead guilty they plead guilty. Despite the evidence, running made him look guilty. There's nothing you can do. They dug their own grave.
- ObserverLv 79 months ago
He accept a plea deal there is nothing that can be done to change that.
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- AJLv 79 months ago
He plead guilty, not much he can do now.
- DanielLv 79 months ago
You should probably buy a dictionary and see what admonished means.
They don't just hand out DDs for every little thing. I have seen plenty of people found guilty of major felonies that only ended up with OTH admin discharges. You throw that sex offender thing in as an 'oh, by the way,' and just seem to focus on the AWOL charge. Considering how many people are able to beat sexual assault charges in courts martial, the evidence must have been overwhelming for him to agree to a plea deal that included a DD.
- MrsjvbLv 79 months ago
oh I'd say there is plenty of admonishment already.
- 9 months ago
Being AWOL is enough to get a dishonorable discharge.
Add to the fact that he pled guilty to a crime that is also a civilian crime, there is not much that he can do now. If there was any evidence in his favor, he should have brought it up during his court.
AAt this point he needs a lawyer who MAY be able to get the sentence reduced, but the record will never be expunged now.
- AlanLv 79 months ago
You claim that there is obvious evidence of his innocence. Why was this evidence not presented at his court-martial? Regardless of whether he was guilty of the sex crime, he was still guilty of going AWOL which could carry a hefty sentence in itself. And by going AWOL in the first place, it begs the question of why someone claiming to be innocent would go on the run. I have the impression that he is not as innocent as you claim him to be.
As for the possibility of having the charges expunged, there is little chance of that as he pleaded guilty and accepted he had done wrong. He could try pleading for a reduction in his sentence if new evidence has come to light and if it is substantial then they may decide to act upon it, but I would not hold my breath.
Best of luck.
- EisbärLv 79 months ago
Admonished? What do you mean? Admonished means to reprimand or lecture somebody who did something bad. I don't think that was the word you meant to use. Did you mean to say something like, "expunged"? which is getting something removed?