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Military standards of proof

Newport News, VA |
Filed under: Military law

I'm getting a njp for malingering basically my unit was trying to say i did something to get out of a deployment. If I take njp there gonna ad sep. I had a lod an the ca said i was at fault were as the investigator an colonel said i wasn't. I need to stay in so the only sensible thing to do would be take it on up. But how hard will it be for them to prove an do they need beyond a reasonable doubt type evidence

Attorney Answers 4

  1. The proof at a court-martial is the same as in civilian courts, beyond a reasonable doubt. Obviously no one here can estimate your chances of winning your case without more evidence but I would be happy to discuss the matter with you. Initial consultation is free.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

  2. I agree with Mr. Cassara...more facts are needed. I suggest taking advantage of the military attorneys on those site free consult to get a better idea of your case and the strength of the government's evidence against you. Please read my Avvo profile and call when you are ready.

  3. Your best course of action should be to speak with an experienced civilian counsel. There are a lot of factors involved. Did you write that you had a Line of Duty investigation done? There are many military attorneys offering free consultation here, and you should talk to at least one before you make this very important decision.

    This information is intended for public use only, it does not form an attorney-client relationship and it does not constitute legal advice. If you seek legal advice on military law issues, contact an military law attorney. My contact information is or 804-955-9867.

  4. See a JAG in the legal service office ASAP. FWIW, if you 'need to stay in' I'd say you are on about as thin a sheet of ice as you can get--people who 'need to stay in' don't find themselves having to choose between a CM and mast.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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