Legal Question in Criminal Law in California

I was charged with 1st degree burglary and I signed a paper stating that they are going to drop the charges so I can join the navy. The paper stated that if I choose not to join the navy they will refile the charges. Well the navy would not allow me to join because I had developed asthma really bad. Can they recharge me even if I'm not the one that chose not to join? I want to know my rights.

Asked on 11/07/12, 12:14 am

3 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

0 users found helpful

0 attorneys agreed

Nobody can force you to join the Navy. However, charges can be recharged so long as no statute of limitations apply. I would report this incident to the ACLU. Nobody can force you to join the NAVY unless there is a draft or if you were already contractually obligated to finish your previous enlistment. Did you OFFER to join the NAVY? Or did they say, "you join the NAVY and we will drop charges. In other words, was it their idea or yours?

Answered on 11/07/12, 8:10 am

Mark as helpful

Edward Hoffman Law Offices of Edward A. Hoffman

0 users found helpful

0 attorneys agreed

I share Mr. Wheeler's concerns, but I am not sure who "they" are. Do you mean the prosecutors or the victims? Mr. Wheeler's answer presumes that you mean the prosecutors. He's probably right, but he might not be.

Answered on 11/07/12, 10:49 am

Mark as helpful