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The recent wars in Iraq and Afghanistan have resulted in a significant increase in Veterans with emotional and psychological trauma, in addition to the physical trauma, due to their self-less service in the armed forces of the United States. Many of these veterans have returned to civilian life and have faced legal problems that have significant importance to the veteran or legal issues that impact the service member differently.
Self- Reporting Convictions
The Secretary of the Army has issued a Memorandum dated 21 September 2011 that requires officers, warrant officers and enlisted soldiers above the rank of E-6 to report all convictions to their chain of command, in writing, within 15 days of the conviction. The Memorandum applies to all Army Active Duty and Reserve personnel and applies to convictions announced after March 1, 2008. Reserve personnel must report on their next scheduled drill date or within 30 days, whichever is earlier. In addition, any soldier convicted from March 1, 2008 until the issuance of the Memorandum had 15 days from the date of the Memorandum to report the conviction. Special care should be used in representing these clients and the use of First Offender, NOLO, Alfred pleas and other pleas may constitute a conviction for the purpose of the applicability of the Memorandum.
Lautenberg Amendment
A person who is convicted of certain offenses identified by this federal legislation is greatly restricted, and in some cases prohibited from possessing a firearm. Some of these offenses include crimes of domestic violence, using force or threatening force and illegal use of a weapon. A conviction of any of these offenses often results in the end of a career for a member of the armed forces, law enforcement, and other uniformed agencies. This legislation applies regardless of whether the offense is a felony or a misdemeanor, and first offender pleadings do not guarantee protection.
Post Traumatic Stress Disorder
The diagnosis of PTSD may not provide a defense to a criminal charge, but the circumstances surrounding the incident and the prior service of the veteran is often taken into consideration by the prosecuting attorney. The specific symptoms associated with PTSD may also seek to explain the conduct and may also serve to mitigate the possible sentence. It is also important for the veteran to seek assistance with the Veteran's Administration, Disabled American Veterans, the Wounded Warrior Project and other veteran assistance groups. This can help to validate the diagnosis and entry into a treatment program is often the best solution for the veteran and the legal situation. It is important to the veteran to have counsel that understands the impact of PTSD and the issues directly related to the condition.
Veteran Accountability Courts
There is a growing movement in the United States to create Veteran Accountability Courts. These courts are similar to DUI and Drug courts. These courts exist as an alternative to formal prosecution and the goal is to assist the veteran with mental health, chemical dependency and substance abuse issues and to prevent the veteran from reoffending. The Towaliga Judicial Circuit of Georgia has established a Veterans Accountability Court. The counties served by the court include: Butts, Monroe and Lamar.
Veteran Divorces
Recent changes in Georgia law have had a significant impact on issues surrounding divorce and child custody for the service member. Special consideration is given to the custodial parent/ veteran if deployed. Some of the changes include the prevention of the issuance of a permanent order involving child custody until after the end of the deployment. In addition, the non-custodial parent is prohibited from leaving the jurisdiction of the court during the deployment period. The risk of deployment or an actual deployment can not be used a consideration for fitness by the court when awarding custody. There are many other significant changes in the law that have created more equality between the service member parent and the civilian parent.
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