-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Patrick T Johnson JR's Answers
- 7 Legal Answers
- 1 Legal Guide
4
Attorney answers:
Can a NCO get UCMJ for hooking up with a soldiers wife?
I agree with the others who have posted on this subject, and would add a couple thoughts. First, a court-martial is not the only possibility here. The NCO could get an Article 15, face administrative separation, or get a General Officer Letter of Reprimand. However, adultery is seldom prosecuted in the military. Second, as a prosecutor in the State of Washington, I can tell you that a civilian prosecution is not going to happen. Adultery is not a criminal offense in Washington. You will...
4
Attorney answers:
I was a co-owner of three cd's with my grandma that were POD to my kids for almost 20 years.
Be careful here. DSHS, or the POA could refer the case to law enforcement for investigation. You should consider consulting with a criminal defense attorney prior to making a statement to Adult Protective Services or law enforcement. In cases like this, intent is the main issue. If it appears you have intended to deprive your grandma of the funds, then you may face Theft charge(s). I am also concerned about the nature of the relationship between your grandmother and the person who she...
1
Attorney answers:
I am being punished for having conversations with a lutenant in my plt, but the only thing we talk about is books and colleges
What is your rank? What is the nature of the punishment? Art 15, counseling statement? In general, concerns about fraternization are the responsibility of the person with higher rank. My guess is that you are not a commissioned officer or a warrant officer (which is a required element needed to charge you with fraternization). Not all contact between officers and enlisted would be fraternization, so if you are facing discipline I suggest you contact Trial Defense Services at Ft. Lewis if you...
3
Attorney answers:
Criminal Defense for Second Degree Theft.
Theft greater than $250 but less than $1500 make this offense fit the description of Second Degree Theft, a felony. As to whether the managers should be charged as well, such an argument is not relevant to your friend's situation. The prosecutor will review the facts based solely on your friend's misconduct and will decide whether to make any offer to reduce the charge. Even if your friend gets convicted of the felony, or pleads guilty as charged, the standard sentencing range for Second Degree...
1
Attorney answers:
Case against my husband
If your husband is facing a court martial then he probably already has a military lawyer assigned to him. That lawyer would be a good resource in determining which statements can be suppressed or mitigated. In general, once you have made a voluntary statement you do not have the right to withdraw that statement. You can write another statement explaining some of the statements you made if you like, or during the court martial you can offer testimony explaining your statements. Be careful about...
2
Attorney answers:
Can I be prosecuted for fraudulent enlistment(by military or civilian courts) after separating from the military?
Based on my understanding of the UCMJ, this offense will be subject to a five year statute of limitations. The UCMJ provides that the clock starts ticking on fraudulent enlistment the first day you collect a check. So basically if you had a 4 year enlistment you should be off the hook a year after you left service. In my own experience, I've never seen the military bring someone back to duty after discharge for the purpose of a court martial for fraudulent enlistment. As to your applications...
1
Attorney answers:
My husband was discharged from Navy with OTH RE-4 what are his chances of re enlisting?
His chances is not very good at all as long as his code is RE4. Although there are various ways to get an RE4 code, RE4 means that he is disqualified from re-enlistment. You are correct to observe that the Board of Corrections can change his re-enlisment code and can upgrade his characterization of discharge. I believe there is a 15 year limit to seek an upgrade of a discharge through the Discharge Review Board, so if he is interested then he should move on that right away! Good luck!