Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My fiance is in the Army in Fort Gordon in Georgia after serving

 
psimmons's Avatar
  • Answered by:psimmons
  • Military Lawyer
  • Positive Feedback: 98.0 %
  • Accepted Answers: 10148
Verified Expert
in Military Law

Recent Feedback

Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...
Positive
Type your review here...
Positive
Very thorough with his answers. Asked questions to make sure that he fully...

Customer Question

My fiance is in the Army in Fort Gordon in Georgia after serving his second term in Iraq and being injured. About a week ago, while drunk, he called his sister and left a threatening message for her fiance on her cell phone. She has gone to the police to make a complaint. How will this be dealt with?

 

Optional Information:
Queens Village, New York

Already Tried:
Just found out she took the message to the police by her in Massapequa, Long Island. So we haven't done anything else so far.

Submitted: 1486 days and 9 hours ago.
Category: Military Law
Value: $15
Status: CLOSED

Accepted Answer

Picture
Expert:  psimmons replied 1486 days and 7 hours ago.

Thanks for the chance to assist

there are a few different ways this can proceed.

First, if the authorities do not find evidence of a crime, it is likely that this will end.

However, if the police do believe that a crime has been committed, they will either

1. Open a case and schedule an interview/interrogation with your fiance.

2. Forward the evidence to the military (his command) and allow the command to investigate and prosecute.

This will depend on the relationship between the military and local law enforcement. Since the military typically has greater resources for prosecution, often the civilians will defer to the military...but not always.

So, if your fiance is questioned he should NOT make a statement, but should instead seek advice from a local attorney.

Now, if the military prosecutes, he will be given an attorney to represent him...but if the civilians prosecute, likely he will need to hire his own attorney.

BOTXXXXX XXXXXNE: He should not give a statement unless and after he talks to a defense attorney.





Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.






Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 98.0 %
Accepts: 10148
Answered: 3/11/2009

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

Ask this Expert a Question >
 
Tweet

2 Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
okay here is the deal I have custody in illlinois of my daughter. 3/26/2013
NA-100 3/25/2013
Permission to get married 3/24/2013
Sir, my wife and I have an MPO that is not wanted by either 3/22/2013
Good morning, Last year I receive helpful information from 3/20/2013
Hello my husband and I are both in the marine corps. He is 3/20/2013
A tenant in New Jersey whose husband is in the Army (mos-31B) 3/20/2013
i was discharged from the military in 2004, and was errorounously 3/19/2013
BAH Fraud; Adultery 3/18/2013
Situation: I'm currently appealing an adverse NCOER which 3/17/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • Military FMLA Rules
  • Military Base Questions
  • Suing the Military
  • Military Harassment Laws
  • Military Fraud Questions
  • Military Alimony Questions
  • Military Child Abuse Laws
  • Military Adoption Laws
  • UCMJ Slander Questions
  • Questions on Military DUI Laws
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
141 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC