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Can civilian courts use non-judicial punishment results against me in a DUI case? Are my fifth amendment rights being violated

Chula Vista, CA |

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?

Attorney Answers 4


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

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California matter. Please call my office at 619-238-1905 or visit my website at

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This is a question only a JAG could respond to .

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speak to a JAG officer. Probably not to many jag officers answering questions on AVVO.

Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This message does not establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm.

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Why are you not directing this question to your "civilian attorney" and/or naval representative(s)? They are the ones who should be in the best position to answer your questions as it relates to your specific case, particularly since the case(s) have already gone to court/NJP.

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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