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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115462
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am now awaiting a assault charge going to court martial in

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I am now awaiting a sexual assault charge going to court martial in may this January 2017 they finally told me to was going to one ...my EAS was April 11 2016 my base lawyer called n told me there was no article 32 hearing they have giving me many plea bargains I denied them all with no DNA evidence and DNA found from another male they still want to burn me any advice

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

I am opting out of this for a California expert, no need to reply or rate, stand by.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the DNA evidence points to someone else, what is your question for us about this issue? Do you have a JAG attorney representing you as is your right?

Customer: replied 1 month ago.
I do have a Jag lawyer question is if they are doing the process correctly ... I know I am innocent I will fight that to the end .. just feel harassed by the whole process ... even with a set Court martial date they are still trying to do a plea bargain ... I thought that's what the article 32 was for

Thank you for your reply.

Even though this has progressed to a full court marshal and trial has been set, the prosecutor will always try to get a deal because they are trying to avoid trial. If they are going to trial, they believe they have sufficient evidence or they are seeking to get a win in their win column at all costs. It is not improper for them to keep offering deals, but if you did not do it and DNA clears you, then you should not be accepting any deals and you need to tell your attorney to reject all deals since the evidence proves you are innocent.

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Customer: replied 1 month ago.
Every time my lawyer tells me this is what the prosecutor is offering I tell them know I complied and allowed them to have my DNA cus I nothing to hide my lawyer went from this case is weird to we are going to win this to now it's iffy and they even offered me a regimental level Njp once the last offer was to accept one charge and receive a OTH

Thank you for your reply.

I would sit tight and stick to your guns. It is virtually impossible to convict someone of sexual assault (unless they are claiming you to be an accomplice) with DNA evidence pointing to someone else The fact they are making such crazy offers is they are trying to save face and still walk away with a win.

Customer: replied 1 month ago.
Do service member that receive a OTH still get VA benefits my lawyer says they do since two full terms were successful but I read that they don't I think they are just blowing smoke

Thank you for your reply.

OTH discharges can still receive benefits, the board looks at the reason for the OTH discharge and if it was not for dishonorable reasons or bad conduct they can still award benefits.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115462
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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