I acquired charges of theft on a military base. I am a civilian. But they are going to charge my spouse as an accomplice. They said I stole an 11.00 dollar item. Even though we had over a hundred dollar tab paid before we left the store. Loss prevention stopped us outside the store about 600 feet away. They didn't read me my rights as a civilian. They didn't have me locked up by a civilian officer. And they made me take a dna. They also never took inventory of my items in my purse. They questioned whether the purse was stolen as well because i bought it from the same store. But none of the items were in fact stolen. But they still charged me with stealing and locked me up.
If you are referring to Fort Bliss, TX, as a civilian, the Special Assistant to the US Attorney (SAUSA) will likely be handling your case & may decide to pursue the charges in federal court. If your husband is in the military & is stationed at Fort Bliss, the charges may be pursued under the UCMJ or the SAUSA may request that the military defer and allow them to handle both cases in federal court. Then, your husband would likely face some type of administrative separation proceeding in the military.
As I am located in El Paso, TX, please give me a call for a free consultation (915-532-7500).
You need to hire a lawyer since you have been charged. It does not matter that the items were never really taken and were recovered (or no one would ever be charged with theft). It does not matter that you did not get your rights - Miranda only applies to suppress inclupatory statements made in response to custodial interrogation if they don't give you your rights. They need not inventory your purse.
If the items were not stolen (or attempting to be stolen - there are cases in which concealment was held to be enough to demonstate intent), then you need to fight the case.
Army JAG prosecutors (Trial Counsel) only prosecute military members. Your question of whether JAG will take the case or throw it out does not apply. If you have been charged as a civilian, it will be in a civilian court in the county on which the military installation sits (if there is concurrent jurisdiction) on the property.
The most probable action the JAG (or military installation at large) will take against you is to bar you from the store or from the post.
Hope this helps.
In general larceny cases by civilians or dependents on a military installation will be prosecuted by a JAG SAUSA (special United States Attorney) in US District Court. However in your district I would assume they have pre-trial diversion. Most federal districts divert these small first time shoplifting cases. These are bascially the only federal charges that can be diverted so you may be in luck here. You may also be entitled to the Federal Public Defender. You may not find out if you are eligible until you sit down with pre-trial services at your arraignment date. Good Luck