Here's my Story... Assistance please??

[Sgt Leprechaun]

Doesn't work thataway.

So, you have been convicted of 2nd Degree Assault, and are on 18 months probation. Knowing Md the way I do, the it sounds like your charge was downgraded from a Felony (1st Degree Assault) to a Misd., or, perhaps, you just annoyed the living heck out of the judge who slapped you with the probation in lieu of going to jail. (Did you have a defense attorney? Was this a bench or jury trial?) But, the judge is correct, and that goes for ANY state. You hit someone you get a charge. While you may be frustrated, instead of walking away you lost your temper and did something stupid. Now you pay the price. The other guy is laughing all the way to the bank and you are hozed.

Bottom line, do your probation and try the Army. As GyC has stated, (and I'd consider him our 'resident expert') it's unlikely at this point in time that a waiver will be approved.

You are going to have to deal with that fact and move on.

[Thisisrandy]

Doesn't work thataway.

So, you have been convicted of 2nd Degree Assault, and are on 18 months probation. Knowing Md the way I do, the it sounds like your charge was downgraded from a Felony (1st Degree Assault) to a Misd., or, perhaps, you just annoyed the living heck out of the judge who slapped you with the probation in lieu of going to jail. (Did you have a defense attorney? Was this a bench or jury trial?) But, the judge is correct, and that goes for ANY state. You hit someone you get a charge. While you may be frustrated, instead of walking away you lost your temper and did something stupid. Now you pay the price. The other guy is laughing all the way to the bank and you are hozed.

Bottom line, do your probation and try the Army. As GyC has stated, (and I'd consider him our 'resident expert') it's unlikely at this point in time that a waiver will be approved.

You are going to have to deal with that fact and move on.

I was charged with 1st Degree Assault, 2nd Degree Assault, & Wreckless Endangerment. Everything was dropped except for the 2nd Degree Assault. You're right, I know my actions were wrong. All I have to say to that is, let me see another man who would not have done the same thing or worse than what I did. I understand that I have to pay the price. I lost a ***** for a wife, a stepson that I raised, a stable life, lots of money due to atty fees and divorce costs, and what looks to be my last chance to ever become a Marine as well as my current job with GEICO. I had a bench trial. I was told that if I wanted a jury trial I might get off scott-free but there were no guarantees and it was going to cost me another 3500. At the time I was honest with my Supervisor (GEICO) and was laid off (w/o pay) until the disposition, therefore leaving me with no money for a jury trial. Thank you for your advice however, I'm not going to give up on the Marines until I have exhausted all ALLLLL resources. My go-to guy is telling me that he can and has already been told by his command that when I get off probation he'll be able to work with me. I know that is very promising but it's something to hold on to and ride til' I get thrown off.

Would you think that a recommendation from my grandfather, who is a retired USMC First Sergeant, would help?

[Thisisrandy]

Doesn't work thataway.

So, you have been convicted of 2nd Degree Assault, and are on 18 months probation. Knowing Md the way I do, the it sounds like your charge was downgraded from a Felony (1st Degree Assault) to a Misd., or, perhaps, you just annoyed the living heck out of the judge who slapped you with the probation in lieu of going to jail. (Did you have a defense attorney? Was this a bench or jury trial?) But, the judge is correct, and that goes for ANY state. You hit someone you get a charge. While you may be frustrated, instead of walking away you lost your temper and did something stupid. Now you pay the price. The other guy is laughing all the way to the bank and you are hozed.

Bottom line, do your probation and try the Army. As GyC has stated, (and I'd consider him our 'resident expert') it's unlikely at this point in time that a waiver will be approved.

You are going to have to deal with that fact and move on.

...And I WAS NOT convicted.

[Sgt Leprechaun]

No. Will carry no weight because he is a relative.

You are lucky you just got what you did, your attorney did a decent job.

And yes it sux.

Yes, you WERE convicted, of 2nd Degree Assault. That's why you are on probation.

Which brings up anothe problem.....this is domestic related, which falls under the Lautenberg act. That may prohibt you enlisting into ANY branch.

[Thisisrandy]

No. Will carry no weight because he is a relative.

You are lucky you just got what you did, your attorney did a decent job.

And yes it sux.

Well, GySgt in NC has spoken with my Probation Officer. He advised him of the situation and informed him that my release cannot be on Military basis. My p.o. wrote a letter to the judge requesting abatement of probation for good behavior since all fines and requirements have been met and I have moved from MD. I also wrote 2 letters requesting the same thing with all the reasoning and detailed explainations of what this has taught me and why. I explained to the judge that I accept all resonsibility of my past actions and understand that probation is designed to keep citizens upholding, helping them make better lives for themselves while meeting some requirements for the court. I explained to him that at this time the probation is understood that it was a very linient sentence and at this time I am requesting that it be release so that I can make some career moves that will make me a better person. I went on into this with a lot more detail and a lot more structured than what I just wrote. Hopefully I receive some sort of POSITIVE response on my behalf.

This was all submitted last week. So it'll be a little while before I here something one way or another.

[Sgt Leprechaun]

Just remember, you are still carrying that conviction, even if the probation is lifted (and that will depend, quite frankly, on the judge, plus getting the victim to sign off on it, possibly. Possibly not. It really depends on the court, the judge, the states attorney, and your probation officer).

You may get lucky.

However, and again, you will have a 'crime of violence' (2nd Degree assault) on your record. Because this is likely domestic related, the Lautenberg amendment comes into play. What that is, says that once convicted of something like that, you can never legally own or carry a firearm for the rest of your LIFE. I'd advise you to find out ASAP regarding that. If that applies you will almost certainly be denied enlistment.

[Thisisrandy]

Just remember, you are still carrying that conviction, even if the probation is lifted (and that will depend, quite frankly, on the judge, plus getting the victim to sign off on it, possibly. Possibly not. It really depends on the court, the judge, the states attorney, and your probation officer).

You may get lucky.

However, and again, you will have a 'crime of violence' (2nd Degree assault) on your record. Because this is likely domestic related, the Lautenberg amendment comes into play. What that is, says that once convicted of something like that, you can never legally own or carry a firearm for the rest of your LIFE. I'd advise you to find out ASAP regarding that. If that applies you will almost certainly be denied enlistment.

Thank you again.... all info definitely helps.
However, I was advised that
A) I was arrested
B) I am on probation
C) I was NOT convicted. i.e http://www.marylandcriminalattorneyb...ement_a_p.html

It was not domestic. At the time I owned a Glock .40 22 Series. I told the judge about it and asked if I had to get rid of it and/or what should be done with it. I was advised to do whatever I wanted, just nothing to harm anyone. So..... Any thoughts?

[Thisisrandy]

Section 6-220 of the Criminal Procedure Article of the Maryland Annotated Code

[Sgt Leprechaun]

Try again. If you attempt to tell someone you were NOT convicted of 2nd Degree assault, you are going to lose (no matter what the statute says). I know, I know, the lawyers opinion says otherwise, and so does the state.

Here is the bad news: It still shows up on your record. It will show a PBJ. It also shows your probation time.

It will read what you were charged with:

1st Degree Assault Nolle Prosequi
2nd Degree Assault PBJ 18 mo Supv Probation
Reckless Endangerment Nolle Prosequi

If you didnt' lose your gun then this wasn't considered a DV incident. You got off lucky on that one.

99 percent of people, including law enforcement and likely people in higher levels of command, USMC, are NOT going to 'get' the PBJ. While you can "legally" say your weren't convicted, to everyone else, you were convicted. And that is what your criminal history is going to read when it's 'ran'.

[Thisisrandy]

Try again. If you attempt to tell someone you were NOT convicted of 2nd Degree assault, you are going to lose (no matter what the statute says). I know, I know, the lawyers opinion says otherwise, and so does the state.

Here is the bad news: It still shows up on your record. It will show a PBJ. It also shows your probation time.

It will read what you were charged with:

1st Degree Assault Nolle Prosequi
2nd Degree Assault PBJ 18 mo Supv Probation
Reckless Endangerment Nolle Prosequi

If you didnt' lose your gun then this wasn't considered a DV incident. You got off lucky on that one.

99 percent of people, including law enforcement and likely people in higher levels of command, USMC, are NOT going to 'get' the PBJ. While you can "legally" say your weren't convicted, to everyone else, you were convicted. And that is what your criminal history is going to read when it's 'ran'.

1)Charge No:001Description:ASSAULT-FIRST DEGREEStatute:CR.3.202Description:ASSAULT-FIRST DEGREEAmended Date:CJIS Code:1 1420MO/PLL:Probable Cause:XIncident Date From: 07/04/2008To: 07/04/2008Victim Age: Disposition

Plea:OTHER PLEADisposition:NOLLE PROSEQUIDisposition Date:08/07/2008Fine:$0.00Court Costs:$0.00CICF:$0.00Amt Suspended:Fine:$0.00Court Costs:$0.00CICF:$0.00PBJ EndDate:Probation End Date:Restitution Amount:$0.00Jail Term:Yrs:Mos says:Suspended Term:Yrs:Mos says:Credit Time Served:


2)Charge No:002Description:ASSAULT-SEC DEGREEStatute:CR.3.203Description:ASSAULT-SEC DEGREEAmended Date:CJIS Code:1 1415MO/PLL:Probable Cause:XIncident Date From: 07/04/2008To: 07/04/2008Victim Age: Disposition

Plea:GUILTYDisposition:PBJ SUPERVISEDDisposition Date:01/27/2006Fine:$50.50Court Costs:$22.50CICF:$35.00Amt Suspended:Fine:$0.00Court Costs:$0.00CICF:$0.00PBJ EndDate:07/27/2010Probation End Date:Restitution Amount:$0.00Jail Term:Yrs:Mos says:Suspended Term:Yrs:Mos says:Credit Time Served:


3)Charge No:003Description:RECKLESS ENDANGERMENTStatute:CR.3.204.(a)(1)Description:REC KLESS ENDANGERMENTAmended Date:CJIS Code:1 1425MO/PLL:Probable Cause:XIncident Date From: 07/04/2008To: 07/04/2008Victim Age: Disposition

Plea:NOT GUILTYDisposition:NOT GUILTYDisposition Date:09/29/2008Fine:$0.00Court Costs:$0.00CICF:$0.00Amt Suspended:Fine:$0.00Court Costs:$0.00CICF:$0.00PBJ EndDate:Probation End Date:Restitution Amount:$0.00Jail Term:Yrs:Mos says:Suspended Term:Yrs:Mos says:

[Sgt Leprechaun]

Marylalnd Judiciary Case search, I presume? I wasn't too far from being wrong I see.

(You got guts posting your CCH tho, give you that).

It also shows you plead Guilty to 2nd Degree Assault and got a PBJ out of it. Paid court costs etc. Therefore, to the layman reading this, you plead Guilty to assault and got PBJ. They have zero idea what PBJ means.

[Thisisrandy]

Try again. If you attempt to tell someone you were NOT convicted of 2nd Degree assault, you are going to lose (no matter what the statute says). I know, I know, the lawyers opinion says otherwise, and so does the state.

Here is the bad news: It still shows up on your record. It will show a PBJ. It also shows your probation time.

It will read what you were charged with:

1st Degree Assault Nolle Prosequi
2nd Degree Assault PBJ 18 mo Supv Probation
Reckless Endangerment Nolle Prosequi

If you didnt' lose your gun then this wasn't considered a DV incident. You got off lucky on that one.

99 percent of people, including law enforcement and likely people in higher levels of command, USMC, are NOT going to 'get' the PBJ. While you can "legally" say your weren't convicted, to everyone else, you were convicted. And that is what your criminal history is going to read when it's 'ran'.

I hear what you are saying but whoever made the sentence, Probation Before Judgement states it is NOT a conviction and after or when the probation is over there will be NO criminal record, all that will need to be exponged is the ARREST record. Input please?

[Thisisrandy]

Marylalnd Judiciary Case search, I presume? I wasn't too far from being wrong I see.

(You got guts posting your CCH tho, give you that).

It also shows you plead Guilty to 2nd Degree Assault and got a PBJ out of it. Paid court costs etc. Therefore, to the layman reading this, you plead Guilty to assault and got PBJ. They have zero idea what PBJ means.

What exactly is CCH, and can I delete the post???

[Thisisrandy]

I hear what you are saying but whoever made the sentence, Probation Before Judgement states it is NOT a conviction and after or when the probation is over there will be NO criminal record, all that will need to be exponged is the ARREST record. Input please?

PBJ =
1) Peanut Butter & Jelly
2) Pyrex Bell Jar
3) Probation Before Judgement

[Sgt Leprechaun]

Send a message to yellowwing requesting it be deleted.

You will have to contact the court system and put in for an expungement. That's the only way it'll entirely go away. THEN you can legally say you have no criminal record. (You'll still have to legally say you've been arrested, however).

"CCH" Criminal History.