Recently got a DUI in town, Still in the process of going to court with a civilian attorney. My command (USN) is sending me to Captains mast, others in my command have gotten DUI's and never went to captains mast or received any NJP. Since my case is still in the process on the civilian side and, I have not been found guilty of anything ,is it basically an admission of guilt from being punished at NJP and can they use results from that in civilian courts? Is there any way I can stop my command from sending me to NJP? Are my fifth amendment rights being violated?
As far as the civilian courts they cannot use any of the proceedings from your NJP or anything that your command does against you on the civilian side.
As far as what you're Command does I would speak with a JAG officer and have them give you counsel regarding that. It's my understanding that they can proceed forward with the NJP however they still need to provide evidence to use against you during the NJP process.
William Daley, Ret. USMC
Get free answers from experienced attorneys.
26,710 answers this week
2,905 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary