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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33307
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can the military charge a civilian with a crime if they live

Customer Question

Can the military charge a civilian with a crime if they live on base with spouse who is in the Army?
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
The military will not have jurisdiction to try a civilian

Art 2 of the UCMJ covers jurisdiction...that jurisdiction does not extend to civilians.

That said, if there was a crime committed by a civilian the military can report this to local law enforcement who would have jurisdiction to try the case.




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Customer: replied 7 years ago.
My niece had to call the MP's because her husband was choking and beating her. The MP's showed up and arrested him. She told them that she had to slap him to get him off of her. They arrested him. the next day he shows up with a swollen eye claiming that she punched him.
He's trying to get her to drop the charges and we believe he punched himself or had a friend punch him. At any rate, she flew back to Texas with her kids. he just called her and told her that she is being charged with assault on him and that she is fleeing. Could this be true and what should she do?
Expert:  P. Simmons replied 7 years ago.
I would not worry much were I her. If she is wanted back the authorities will contact her...if not, not.

I would have her parents contact the commander and ask for the truth...the commander will likely be able to provide accurate information


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Customer: replied 7 years ago.
<p>If they did file charges against her, what should she do?</p>
Expert:  P. Simmons replied 7 years ago.
Well, in the very unlikely event that she is charged, she should seek legal counsel...she should retain an attorney

But as I said, this is highly unlikely...the military can not prosecute this, they will need local law enforcement to assist

that is why I recommend she or her parents contact the commander to determine exactly what is happening.
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Customer: replied 7 years ago.
She just got a message left on her phone from Her husbands sergent.
He told her she needs to get back to new york because charges were filed against her. He is good friend with the husband. Is this proper military conduct for a sergent to harrass a civlXXXXX XXXXXke that?
Expert:  P. Simmons replied 7 years ago.
No, it is not. She should save the message and call the commander at once. I suspect the sergeant is out of line here and needs to be corrected


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