If someone was arrested for a felony arson but never convicted, what is the statute of limitations for investigation and how can they get their record wiped off or expunged?
Under Mississippi law, there is no statute of limitations on the prosecution of arson. Mississippi has a relatively new law governing expungement that provides for the expungement of certain misdemeanor and felony convictions that meet certain requirements. Furthermore, if the charges were remanded, nonadjudicated, dismissed or resolved through pretrial diversion, you may be able to get the arrest expunged. An arson conviction is not one of the felonies for which expungement.
What you should do is contact a criminal defense lawyer, and have the lawyer obtain your complete criminal record. Then the lawyer will be able to provide you with a full assessment of all of the options that are available to help you with your situation.See question
The soldier is in Afghanistan and is needing someone to have a specialized POA just to be able to transfer funds from his bank account to his son's bank account in the UK to pay for schooling costs. Can he get that done while out on deployment?
Yes. It is possible, but he will have to speak to someone in Legal Assistance. If he is in a location where he does not have access to a Legal Assistance office, he needs to talk to the Judge Advocate assigned to service his unit. If there is not SJA locally, the unit should have a Command Judge Advocate (CJA) assigned. Finally, there may be a paralegal (MOS 27D) assigned to the unit who can also help him with this. Any of these people can assist the soldier in preparation of a Military Power of Attorney; however, I would confirm with the bank that is releasing the funds (the bank that needs the POA) that this will be acceptable for the bank's purpose. While there is no reason that the Military POA should not be accepted, some banks have their own format for a POA, and may only accept that format. In any event, if you can get the soldier a copy of the bank's POA, any of the above individuals should be able to help the soldier complete the POA, and have it notarized.
Based on your location, I am assuming that the soldier is based out of Lewis-McChord, so if the soldier is having problems with this, you may be able to go and get the local Legal Assistance office to provide guidance on where the deployed soldier needs to go to get Legal Assistance.See question
I recently was charged with a 112a. Served my restriction time 45 days. I submitted my separation paper to the Commanding officer. It came back approved. !3th May is my separation date. I was in personnel today and a Chief told me that i am n...
I am assuming that your are in the Navy, based on your location and use of terms such as EAOS and reference to a Chief. However, the regulations for the different branches on administrative separations are generally the same. You should consult, at a minimum, with a Navy defense attorney or legal assistance attorney, which will be provided by your command at no charge to you. Alternatively, you should hire an attorney with experience in military separations (someone with experience as a Judge Advocate).
This is an important issue for your future because your characterization of service is at risk. For example, will it be "honorable", "general" or "other than honorable" (OTH). Since you were charged with a 112a, it looks like the reason for the board is that the command intends to give you an OTH. Characterizations of service can follow you around for the rest of your life and impact your ability to get a job or government benefits to which you would otherwise be entitled.
While a commander is not required to Under MILPERSMAN 1910-208, a member cannot be held beyond the EAOS involuntarily for the sole purpose of administrative separation processing.See question
There found out now. What's gonna happen now. How can I help him?
Charges of BAH Fraud, which are substantiated, are serious, and routinely lead to court-martial. As and Active Duty Army Judge Advocate, I routinely advised commanders and investigators in these cases, and as a civilian defense counsel, have represented clients facing such charges.
Any service member facing this or any other charge under the UCMJ, should obtain the advice of an experienced military attorney who has court-martial experience immediately. All service members facing such charges are entitled to a Trial Defense Service Attorney (TDS), which is the military's equivalent of a public defender. Additionally, a service member is entitled to hire a civilian defense attorney at his own expense to represent the service member in dealing with the government in defending against such charges.
Your boyfriend to obtain an attorney immediately. He should not answer any questions of an investigator, his chain-of-command, or anyone else without speaking to an attorney first, and he should be extremely careful not to discuss this matter via telephone, email, any other computer / online method (for example Face Book, My Space, etc.), or through any other means that it is possible that the communication could be intercepted.
He should not even discuss the facts of what happened or what he did with you or anyone other than an attorney, at this point, since it is possible that statements made to others could be discovered and used against him. You could be forced to testify against him.
His primary focus now should be to hire an attorney and / or get TDS representation immediately. He should continue to maintain a positive attitude and military bearing and perform his assigned duties to the best of his ability. Continuing to do so can only help him, and failing to do so will definitely hurt him. However, he should not answer any questions from anyone regarding this matter without speaking to an attorney first. If he is asked to answer questions prior to speaking to an attorney, he should respectfully refuse to do so, simply stating to the superior or investigator while recognizing all proper military courtesies and signs of respect (for example, addressing the superior or investigator as Sir / Ma'am / Sergeant / First Sergeant, or any other title appropriate for the person asking the question) that he would like to speak to an attorney.See question
Soldier A cooperates with an investigation, signs counsel waiver, fills out true details to the best of his knowledge, provides names since this issue was broached in a debriefing by soldier B. He may have developed amnesia about this now. Soldier...
There is a lot to answer in your scenario, and I will provide general information, based on what I understand from the scenario; however, if you are under investigation by the military authorities or any other law enforcement agency you should immediately seek the advice of an attorney. If it is a military investigation, you should find an attorney (preferably one with experience as a Judge Advocate) who is experienced in trying courts-martial under the Uniformed Code of Military Justice (UCMJ). You can hire a civilian attorney who has Judge Advocate experience, but you are also entitled to the services of an attorney of the Trial Defense Service (TDS).
It is completely acceptable to tell any investigator and your chain of command that you do not wish to give a statement or answer any questions without speaking to an attorney first. In fact, if you are suspected of a committing an offense, a military member questioning you about that offense has an obligation under Article 31, UCMJ, to inform you that you do not have to answer or provide information.
Your question about whether the interviewer can "use the statement in an investigation" is difficult to answer. What do you mean by "use" and what type of investigation are we talking about? For example, is this an AR 15-6 investigation or an Article 32 investigation? An Article 32 investigation is similar to a pretrial hearing combined with a grand jury investigation in the civilian world. While this is not an exact comparison, an Article 32 really has no civilian court equivalent. In any case, it is likely that the interviewer will be able to use the statement at least for the limited purpose of gathering more information. However, if this is an Article 32 investigation, the Accused's defense counsel will have the opportunity to cross-examine the interviewer on the statement. Therefore, any problems with how the statement was obtained, the reliability of the statement, etc. should be exposed on cross-examination by a competent trial attorney.
Your question regarding the potential "penalty" assumed by soldiers B,C, and D, if it is discovered that they knowingly lied in a sworn statement, is somewhat simpler. If they are charged under the UCMJ, they could be charged with Article 107, False Official Statements. Depending on the additional details of the statement and the status of the soldiers (officer or enlisted), there may be other charges that could be brought such as Article 133, Conduct Unbecoming an Officer and Article 134, Obstruction of Justice are a couple of other possibilities.
As for your questions under "Additional information", I would need more clarity, and additional information to provide more meaningful answers, but generally, if anyone, including an officer or other soldier is found to be deliberately concealing, destroying evidence or lying to investigators, there are numerous charges under the UCMJ with which they could be charged. If the soldier is ordered to provide an investigator with a recording, failure to do so could result in the soldier having to defend against such charges as Article 92, Failure to Obey an Order or Regulation or Article 134, Obstruction of Justice.
Finally, as to your question about the "Chaplain's confidentiality clause", I believe that you are referring to Military Rule of Evidence 503, Communications to the Clergy. This is an exclusionary rule that prevents communications to clergy by a person (religious ministers, preachers, priests, chaplains, etc.) from being disclosed. As with all such matters, using such rules requires a complicated analysis of the facts of the particular situation.
You or anyone else involved in the above scenario should seek the advice and counsel of a competent attorney experienced in military law immediately.See question
If I had an out of state warrant for probation violation from Washington state could I still renlist in the army reserves?
If you have tried to deal with the Recruiting Command, and are not moving forward with your reenlistment, you definitely need to speak with an attorney who is experienced in (1) criminal defense in the state that issued the warrant and (2) military law. Attorneys with experience as a Judge Advocate are going to be the only ones that you're going to want to rely on for experience in military law.
It is difficult to answer your question based upon the information provided, but in short, if certain conditions are met, it is possible to reenlist. However, your ability to reenlist will depend on a number of factors that will be analyzed by the Army Reserves under Army Regulation 601-210, ACTIVE AND RESERVE COMPONENTS ENLISTMENT PROGRAM, Chapter 4, Waivable and Nonwaivable Enlistment Criteria.
The factors that are going to be extremely important to this determination are: (1) What was the offense for which you were on probation? Note that under paragraph 4-22 of AR 601-210, some offenses are nonwaivable. (2) What is the status of the warrant for probation violation? This is important, for a number of reasons. For example, warrants are not always valid, sometimes they are erroneously or mistakenly issued. Regardless, I agree with one of the other answers that the open warrant issue must be dealt with first. Unless there has been a decision or some disposition by a court on this issue, the recruiting command will not move forward on your reenlistment.See question
I have a question pertaining to the military. I got a dui and have been NJP'd for it. The command took away my rank and gave me 45 days restriction to barracks and 45 days extra punitive duties. I served 13 of those 45 days befor they decided to s...
The answer to your question may vary slightly depending on your branch of service; however, a commander in any branch of service can generally suspend punishment in order for a servicemember to undergo medical treatment or some other necessary absence for the normal duty station. This is what has most likely occurred in your case. If you have an appointed military attorney or defense lawyer, you may urge them to intervene with the command and possibly get the chaplain or even a counselor from your treatment facility involved and recommend that such an extended separation from your family during this time is not in your best interest for the sake of your family or possibly for for treatment.See question