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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26145
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son is in the military. He got a dui in feb of 2008. He

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My son is in the military. He got a dui in feb of 2008. He was at a super bowl party in the afternoon with other men. A fight started and he left.This was only 2 hours,but two bottles of something later. wrecked his car. was headed home to wife and two daughters. he was fined and trying to do what he was suppose to with the judge and military. He and his wife were having financial problems. they were three months behind on apartment.,getting kicked out. He rode with her to take her home, in may. Went back to military a Sargent picked him up at airport. They said they would get him out on Financial Hardship. Commanding officer said no he decided to keep him.     He took punishment. He left again in August to be with little girls third birthday. He went back after the weekend. Took punishment again they said they would get him out on Court Marshall Summary. They took him to jail, civil, from work. Judge said that was not necessary. told by officer he would take himback to jail
Submitted: 5 years ago.
Category: Military Law
Expert:  P. Simmons replied 5 years ago.
Can you tell me your question please?


Customer: replied 5 years ago.
what can he do to get out of the contract with the army as they have not followed through on anything they have told him. Also how does he handle this? He has the civil court thing in washinton which he needs to complete. He has tried talking to his superiors which are the lt.sargents. He was taken to jail for the warrant because he was being punished by the army and could not go to court.We are all at the end of what can be handled. I need some one to help walk us through this. We have no family in washington to support him. He was receiving no paycheck. So he has no means of paying anything.
Expert:  P. Simmons replied 5 years ago.
Thank you

If he has not been processed for administrative separation yet that is likely a good thing. If he is separated I'd would most likely be with an other than honorable charachterization which would limit his options significantly going forward.

If he can reach his end of active service he will secure an honorable discharge.

Now for his DUI it would be good for him to find a local attorney to assist. If he can not afford this he can work directly with the prosecutor to reach a plea bargain to resolve his case

There is no easy way to leave the army prior to the end of his contract. But if he continues to get in trouble the army will likely separate him with a poor discharge



Customer: replied 5 years ago.
He had a public defender. Court provided. The army Lt.right above him has said they are trying to save him from punitive action. When he is the one the judge said the warrant could have been handled at court, without jail. The main thing is the army says one thing and does another. He does not trust them.
Customer: replied 5 years ago.
He had a public defender. Court provided. The army Lt.right above him has said they are trying to save him from punitive action. When he is the one the judge said the warrant could have been handled at court, without jail. The main thing is the army says one thing and does another. He does not trust them.Does he call the Lt. one sargant friend said no.
Expert:  P. Simmons replied 5 years ago.
I believe it is typically in his best interest to work with his command. In this case the lt

The command has the ability to give a negative discharge. This is far worse than jail time or dui conviction

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26145
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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