How do I fight a chapter 14-12c

Asked over 3 years ago - Fayetteville, NC

i recently received a dwi in february and was told I would be chaptered under 14-12c I cannot afford to get out of the army at this time is there away I can fight it

Attorney answers (2)

  1. F. "Bill" William Powers

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . First, by "chaptered under 14-12c" I assume you are referring to the Military Code. Given the inquiry is from Fayetteville, Fort Bragg comes to mind.

    If that is indeed the case, you likely need to speak first with Legal Counsel regarding the proper methodology to challenge the discharge.

    Frankly, without more information, I don't know if that entails speaking with someone from the Office of the Judge Advocate General or retaining a private attorney or both.

    If you check AVVO under "military law" this is the link for legal counsel:

    http://www.avvo.com/search/lawyer_search?q=mili...

    Second, regarding a way to "fight it," I cannot tell from the inquiry whether you are submitting a question re: challenging under 14-12c or the substantive criminal charge of Driving While Impaired. Actually, it may be both, one would logically infer the 14-12c Chapter is likely predicated on the underlying DWI case.

    Third, given the first two issues, one must determine whether the alleged Impaired Driving took place in a location subject to Federal law (the base) or somewhere where the law of the State of North Carolina applies.

    If you provide some additional information or otherwise supplement your inquiry, we might be able to provide a bit more detailed response. In any event, you would likely benefit from speaking to legal counsel with all due haste.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more
  2. Rodney G. Hasty

    Contributor Level 9

    Answered . I agree with Mr. Power's excellent response. You need an attorney familiar with NC state law, federal law and specifically the military code regarding the procedures for discharge. Without more information, it isn't clear whether the DWI is charged under state or federal law, and whether you are referring to fighting the DWI or the discharge procedure itself. Regardless, you need an attorney familiar with the procedures under the Uniform Code of Military Justice-- they usually will appoint you an attorney if you cannot afford to hire one.

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