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Can an American military person testify in a criminal case

 
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  • Answered by:psimmons
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Customer Question

Can an American military person testify in a criminal case in civil court in a military uniform?

 

Optional Information:
State/Country of Question: Texas

Submitted: 1378 days and 9 hours ago.
Category: Military Law
Value: $18
Status: CLOSED
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Expert:  xavierjd replied1378 days and 9 hours ago.

Thanks for using JustAnswer.com

 

Are you being subpoeaned to testify?

 

Does your commanding officer know about this?

 

Thanks

Customer replied1378 days and 9 hours ago.

I am the wife of the defendent and his cousin testied in court. I am trying to find out if that was legal. I don't know if her commanding officer knew about it and she volunteered to testify.

Customer replied1378 days and 9 hours ago.

The case has already been tried. I am trying to find out if it was legas for his cousin to testify against him in her military uniform. This was a criminal case in civil court. I do not know if her commanding officer knew if she was testifying in court.She was not a witness but after he was found guilty she testified that he had dome somthing to her and in my opinion swayed the jury to a life sentence.

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Expert:  xavierjd replied1378 days and 9 hours ago.

Thanks for the information.

 

This article from earlier this year may answer your question.

 

http://www.military.com/news/article/testifying-in-uniform-nets-punishment.html

 

Although it involved a National Guard uniform, the same analysis could be used in other branches of the military.

 

http://www.military.com/news/article/testifying-in-uniform-nets-punishment.html

 

I hope that you find this information useful, and that you press the GREEN ACCEPT button so that I may be paid for my work and receive credit for answering your question. Positive feedback, although not required is always appreciated. Also, a BONUS is also not required but is greatly appreciated.

Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

 

 

Customer replied1378 days and 9 hours ago.

Yes, I saw the same article and that is why I am asking. I did not know if it was legal in Texas. The article was what prompted me to question it. I need to know if there is a law on the books that allow it or does not allow it.

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Expert:  xavierjd replied1378 days and 9 hours ago.

I believe that applies in all states. However, I'll opt out of the question and refer it to the military law section for you.

 

 

Customer replied1378 days and 8 hours ago.

Thank you, XXXXX XXXXX that work. Do I wait for another reply?

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Expert:  xavierjd replied1378 days and 6 hours ago.

I referred the question to the military law section.

 

I think that JustAnswer will re-categorize your question so other experts can answer it. If you don't get any response within a little bit, you should contact customer service.

 

Sorry I couldn't be of more help.

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Expert:  psimmons replied1378 days and 3 hours ago.

Thanks for the chance to assist

Each of the services has rules regarding wear of the uniform. If you tell me which service you are asking about I may be able to give you more specifics


Customer replied1377 days and 10 hours ago.

She was in an Army uniform.

Accepted Answer

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Expert:  psimmons replied1377 days and 10 hours ago.

Ok

From the Army Uniform Regulations

You can see them here http://www.marlowwhite.com/army-AR-670-1-view.html

Wearing Army uniforms is prohibited in the following situations:

(1) In connection with the furtherance of any political or commercial interests, or when engaged in off-duty civilian employment.

(2) When participating in public speeches, interviews, picket lines, marches, rallies, or public demonstrations, except as authorized by competent authority.

(3) When attending any meeting or event that is a function of, or is sponsored by, an extremist organization.

(4) When wearing the uniform would bring discredit upon the Army.

(5) When specifically prohibited by Army regulations.


If this is simply testifying in a criminal court case (for either side) I would find it hard to believe this would violate any of the above.   Certainly if the soldier has any concerns they should seek guidance from their chain of command. But the regs to not appear to prohibit this.


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.

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Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.8 %
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Answered: 8/10/2009

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

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