Does A Deferred Adjudication Impact Military Career?

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More and more we are being asked about the impact of deferred adjudications and consequences to military members.

You need to remember and realize that a deferred adjudication will always be seen as an admission of guilt no matter what it represents in the civilian court system.

For the military and regulatory and in court-martial practice, any deferred adjudication under a state prosecution will be construed and taken into consideration as an admission of guilt.

Even if the language that your attorney drafts, even if the language that’s included in the deferred adjudication actually states, this is, you know, no contest.

This is without an omission of guilt. It doesn’t matter if it is called a deferred adjudication or it is the state equivalent under military regulations for purposes of denying promotion, for purposes of evaluations, for purposes of administrative separation, and even for court martial.

All of it says that a deferred adjudication is an admission of guilt, and it can be used to establish by preponderance in the evidence that misconduct occurred.

Jocelyn Stewart is a UCMJ court-martial attorney who specializes in defense of allegations of sexual assault for all branches of the military worldwide

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