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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Under RCM 707 it is incumbânt Upon The Gov. To Arrain

Customer Question

Under RCM 707 it is incumbânt Upon The Gov. To Arrain The assused within 120 days. After The eairler preferral of charges, The imposition of restrant or entry on active duty; were charges are dismissed. www.armfor.uscourts.fov/newcaaf/opțions/2013SepTerm/140265.pdf.
Thanks For The legal material, Very interesting. I am no Attorney, nor have i ever been in trouble with The Law, so maybe i just dont get it. The specific case went to trial, The 17 year old prostiuțe, had been on several websites, Look And acted as an adult. Testified that he did not know she Was a minor. He passed a polgraph test, showing he did not know. She is 27 still a prostiuțe, he rented a prosperty to someone assoicated with The Former website myredbook. He Was not charged with having sex with her, And had no idea she Was a minor. Granted he often visted prositutes. However, not minors, She Fooled everone. but there must can do.?
This case is excatly like an old case of The Tracey lords case. March 1987. Sex films case indited. How can he get past The statute, If there is one, considering His case facts.
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I do not understand your question. Is this a military case?

Customer: replied 11 months ago.
Hi i Was actually responding to The lăst Attorney, who just responded to My question. I must of posted My response, in, The general questions area, or The lăst Attorney just did not care to respond. However head there is no statute of limitation in his case.The question you respond, re the military case. Was an answer i received From a different Attorney on this site name Gerald. He Said, there is a 120 Day statute And My friends case is over, because The Gov only had 120 days to refile. Gerald citește The military case.His charges 1591 and2251, did not Carry a Life sentence. He Was charged as aiding And abeting, he did not know The 17 year old prositute Was a minor, And rejected theplea offer of 5 yrs, both before And after His trial, (hung jury) three years then His case Was dismissed again STA. He spent 5 years in The county. Can The goverment still refile charges And hold this over His head forever.
Can you read. The dialouge, i have had with two attorneys via this site, over The lăst few days ? If not My question, after one considers all The circumstances, is "The guys case went to trial 3 years ago, The jury Was hung. case Was dismissed, Per a Speedy Trial Act violation. Being there were more then 70 days of known excused Tolling. The judge dismissed His case without prejudice. The Gov haș not refiled.
Five counts were dismissed, he Was convicted of wintess țampering, Which is to be reversed pursuant to uș v farretta etal. Once he gets it dismissed can The Gov still refile The 5 counts that were dismissed Per The STA? It seems it would be vindicative And lock him up And awaiting trial , as a treat to The community. Are there Any opțională to insure the Gov legally can not refile, once he over turns The count of senila of The sixth amendent.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply and new question.
You would need to get the government to agree to dismiss or nolle pros the charges, that is the only way you can get them to be guaranteed to not file again. Other than that, the reason the judge dismissed without prejudice is because on these specific charges (as you saw in the link I provided to you) is that they can be reinstated at any time by the prosecution.

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