I got the papers today he is getting served to court he just left not even a week ago! What do I do I cant call him!? Can he get out of court or does he need to go? Please help!
2007-11-02 21:38:52 · 18 answers · asked by Amy Dean 2 in Politics & Government ➔ Military
I have two suggestions.
First, I would contact his recruiter. I don't know how it works with court dates, but the recruiter might, and my husbands recruiter was very valuable to me during his basic.
The only other thing I can think of is maybe the Red Cross...but I'm not sure. They are who you want to contact in case of medical emergencies, but you could call and see if they have ever dealt with anything like this.
From everything I know, do not contact any of his leaders at basic. I know it seems like that would be the logical thing to do, but I was always told to go through the recruiter or Red Cross, as contacting the command could have bad consequences for him.
2007-11-02 21:47:06 · answer #1 · answered by heather 1 · 2⤊ 0⤋
If he was being served in a civil type case, which I have a feeling this is, you can represent him in court, if you have his written permission. But the first thing I would do is get a copy of his orders or enlistment papers and goto the court clerk, ask for a continuance for one year until he can finish his training. You can also call the base he is at and talk to his company commander if the court won't help you. He will advise you on what to do. Also talking to his recruiter can help greatly as well. Good luck.
2007-11-02 21:52:34 · answer #2 · answered by scottiekicksass 4 · 0⤊ 0⤋
You can go in his spot at court and explain the situation. 9 times out of 10 the judge will drop everything, but there have been some cases where they just postpone the court date to a later time period. You need to carry a copy of his orders, well just proof that he is in basic training right now and maybe a copy of the marriage certificate saying that you are his wife.
2007-11-02 21:45:33 · answer #3 · answered by timmy boomstick 3 · 1⤊ 0⤋
A military recruiter mentioned it. Get a continuance. If you have some money, pay for a lawyer and have the lawyer get a continuance. If you can express mail a power of attorney to your husband, I'm sure someone at basic can notarize it and express mail it back. He's in basic, not a super secret training facility that doesn't officially exist.
Talk to the Station Commander where he signed up. Military personnel may get some kind of temporary representation for such matters.
2007-11-03 00:10:20 · answer #4 · answered by Legend 4 · 0⤊ 0⤋
You need to contact a JAG officer. Most of the time the Sailor and Soldier's Civil Relief act covers military members from default judgements and contempt of court charges if they're called upon during training or deployment. You need to contact a lawyer to respond on his behalf. Did he know he was going to recieve a summons, because when you sign up for the military they ask you about any pending litigation to prevent such a thing from happening?
2007-11-02 21:54:13 · answer #5 · answered by Denise S 5 · 1⤊ 0⤋
ok everyone so far has had some pretty good suggestions but they all left out one little thing. like "SCOTTF" mentioned, this sounds like a civil case, and i bet dollars to donuts that your husband and you knew this was coming. so there fore by not mentioning it to the recruiter you have, by regulation, commited a "fraudulent enlistment". roll the dice if you want by contacting his chain of command. but i bet you that the only "time off" he will get from them is a other than honroable discharge.
ive have seen this very thing happen. the soldier said he didnt metnion it to anyone and took the other than honorable.
which basically invalidated anyting that was guaranteed in his original contract, yes including bonuses.
try to get the continuance .... i sure hope you have a power of attorney from your husband though.
4–35. Pending charges-civil restraint
Recruiting personnel will not—
a. Take part directly or indirectly in release of a person from pending charges so that he or she may enlist in the
Army as an alternative to future prosecution or further adverse juvenile or adult proceedings. Equally important,
recruiting personnel will in no way contribute, either directly or indirectly, to the false notion that the Army condones
such a practice. Persons subject to a pending charge are not eligible for enlistment; therefore, they are not eligible for
pre-enlistment processing to determine mental or medical eligibility.
b. Take part in any way in obtaining release of a person from any type of civil restraint so that he or she may enlist
or complete enlistment processing to determine enlistment eligibility. The term civil restraint includes confinement,
probation, parole, and suspended sentence. Accordingly, persons under the type of civil restraint that makes them
ineligible for enlistment are not eligible for processing to determine mental and medical eligibility for enlistment,
except for those individuals authorized to take the ASVAB test in accordance with paragraph 2–11a(2).
c. Process any person who has a doubtful criminal status. For example, while not classified as a specific “pending
charge,” an applicant may have a possible indictment or arrest pending; further, the recruiter may have obtained
information that indicates the applicant’s character may be questionable. These situations cannot be defined as an
absolute in the qualification or disqualification process. When doubt exists as to the possible pending arrest, indictment,
or pending nature of an offense, clarification must be obtained through the chain of command. For example, clarify, via
the chain of command, an applicant’s eligibility and “questionable moral character” if the applicant claims no arrest
record and no pending charge, but local law enforcement officials indicate that the applicant is a suspect and it is
possible that charges are about to be filed. Document any decision on such matters in the remarks section of DD Form
1966 or attach a memo for record to the residual file indicating the result and the decision on the matter.
2007-11-02 22:39:32 · answer #6 · answered by Anonymous · 3⤊ 0⤋
That is a tough one.You may want to go to the court and show them his enlistment papers.It will be up to the military for that one.See the court does`nt know that he is at basic camp so you will have to make sure that they know.Another thing if you know his enlistment officer you might go to him and also tell him what is going on.This is one time that will teach you what it is like to be the Wife of a soldier.Good luck.
2007-11-02 21:55:37 · answer #7 · answered by Heike P 4 · 0⤊ 0⤋
Does he have a lawyer? You should go to court on that day and explain this to them. I'm sure that could give him a continuance if the charges are not to serious, if this is criminal court situation.
2007-11-02 21:44:06 · answer #8 · answered by Anonymous · 1⤊ 0⤋
The recruiter should be able to help coordinate with the clerk of courts to get the date cahnged. But you have to work fast.
2007-11-04 05:52:58 · answer #9 · answered by stonehands 3 · 0⤊ 0⤋
Yes he can, he must have known that a summons was pending and he would have already warned off his training NCO's, you can do a number of things.
1, tell the courts that your husband has just started his basic training and give them the address of his training unit for them to contact him.
2, you can redirect the letter to your husband and he can arrange time off.
3, you can ring his orderly room and ask them to get in contact with your husband to inform them that he needs to contact you
2007-11-02 21:50:41 · answer #10 · answered by Anonymous · 0⤊ 1⤋