Pending Charges

[hey]

My friend is applying to VR&E and she has an appointment coming up in the near future. She is currently pending charges. Can somebody tell me if she will be disqualified for VR&E if she is pending charges? If there are certain charges that disqualify you can you please list them. Thanks. I am just concerned for her and I know this isn't your typical question. Thanks

[Philip Rogers]

It shouldn't have any effect. Pending charges are not necessarily "guilty" ones and we are all innocent until "proven" guilty, as shown by the Casey Anthony case.

pr

Yea mine would too. I hate it for her too. People make mistakes; I just tell her to stay positive expect the worst and if anything better happens consider herself lucky.

[hey]

Hopefully she didn't get her ticket here in Arizona. One of the toughest states for DUI offenders. I'm not sure about the pending charges part, but I do know if you are incarcerated more than 60 day's for a felony the VA will reduce your % down to 10%. Did she get cited for wreckless driving or wreckless endangerment? A big big difference.

She said wreckless driving. Thanks for your help. I know that she had a previous conviction and her license is currently suspended until 2012. I told her it doesn't hurt to try. She said she wants to change her life and that she believes the VR&E program will help her to do so she just hopes its not to late. Given her previous DWI conviction and her pending charges. If she gets approved I will let the forum know so it can help somebody else out. Certainly she isn't the first with "special circumstances" and she isn't gonna be the last either....LOL

[cooter]

OUCH! Adding a prior and driving with a suspended license is just isn't what she needs right now. I hate being a devils advocate, but I have to say it doesn't look to good. AS far as VR&E goes, IF she's convicted, and incarcerated, the judge might let her out to attend school during the day. They usually let DUI offenders here in Az do that. Just keep pushing her to hang on.

[john999]

I don't think you can get benefits if you are in jail for a felony. If she keeps getting DUI's then eventually she will be charged with felony DUI. The judges get really mad when you continue to get these charges. Pending charges really means nothing until she is convicted.

[cooter]

I really don't want to get into to much detail, so just for the conversation part of it, lets just say a buddy of mine who is a vet got incarcerated for 45 day's out of the 90 that was given him for an extreme DUI. first offense. Now of course, before he went to surrender himself to do his time he checked out the VA Regs about doin time. The Regs state (not word for word cause it goes into lengthy details) if incarcerated for a felony over 60 day's you forfeit your disability except for 10% that suppose to go to your family. After he finished his time, he received a letter form VA stating they knew about the his jail time and needed proof he served under 60 days or he be subject to VA's wrath. Since that was the only benefit he was receiving at the time, he doesn't know if any other benefit would apply. He is a very nice guy, I sure hated to see him go thru that!!

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[hey]

I really don't want to get into to much detail, so just for the conversation part of it, lets just say a buddy of mine who is a vet got incarcerated for 45 day's out of the 90 that was given him for an extreme DUI. first offense. Now of course, before he went to surrender himself to do his time he checked out the VA Regs about doin time. The Regs state (not word for word cause it goes into lengthy details) if incarcerated for a felony over 60 day's you forfeit your disability except for 10% that suppose to go to your family. After he finished his time, he received a letter form VA stating they knew about the his jail time and needed proof he served under 60 days or he be subject to VA's wrath. Since that was the only benefit he was receiving at the time, he doesn't know if any other benefit would apply. He is a very nice guy, I sure hated to see him go thru that!!

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Yea I know what you mean. Sometimes good things happen to good people but it makes us stronger in the end. She's not in danger of losing her benefits. The most, if convicted, will be 3 days. I just hope she didn't ruin chances of getting other benefits. People make mistakes so maybe she will be able to get approved. We shall see. She is very remorseful and wish she would have been smarter then she has been. I believe she has finally snapped out of her cycle. The 2nd one made a change in her and I can see it. We will see. Thanks for all of your guys inputs.