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Florida Legal Information Topics, Discussions and Information relating to Legal Information specific to Florida. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 11-19-2016, 05:36 AM
francis.ralph francis.ralph is offline
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Question Is a general court martial always a felony in the state of Florida?

I'm trying to find whether in the state of Florida, being convicted under a military general court martial always translates to a felony in the civilian world. I understand that some states have exceptions to this rule, but I'm unable to locate these exceptions.
My lawyer explained to me that the crime I have been convicted of isn't even considered a crime in the civilian world, and in fact is protected under the first amendment. However, my lawyer doesn't know whether this crime will be considered a felony in Florida.
I just need to know whether to check "Yes" to the felony question on job applications.
I appreciate any help. Thank you.
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Old 11-19-2016, 07:58 AM
CenTexLyn CenTexLyn is offline
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Cannot speak specifically to Florida, but by example, in Texas, offenses that were the subject of military prosecution can be used for enhancement or for requirement of sex offender registration when the elements of the offense are substantially similar to a felony offense under the laws of this State.

Thus, there IS no one-size-fits-all answer to your question without knowing the specific conduct for which sanctions were applied via court martial...
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Old 11-19-2016, 08:34 AM
yourself yourself is offline
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if you want the quick and dirty to finding out about the box, get a copy of your background check. It should note felonies, depending on the company used.

And yes, there are plenty of crimes in the military that are not crimes in the free world - many deal with stuff that would be considered free speech in the free world, the "unbecoming of an officer/soldier" stuff is also a military only offense with no real correlate in the free world.

You can also check with the FL Statutes dealing with classification of crimes from other jurisdictions, or the military. It's in one of those if I remember correctly, and if nothing's changed in the last 20 years.
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