last week i was arrested for grand larceny and burglary and spent four days in confinement. i was released after that and i have court jan 4 2012. what happened was my brother was stealing stuff from a party we went too. he is 16 and wasnt charged with anything. police showed up and only found a ( gaming system) in my truck. my brother told the investigator that he has stolen it and i was not an accesory to the crime. i was on leave for thanksgiving. my brother is going to tell the judge the same thing at court. this is my second alcohol related incident an in accordance to AR 600-85 that seperation is required. my question is what do you think the outcome of the case will be and if charges are dropped against me what will happen. in there police report it doesnt say anything about me and alcohol how could it be considered the second incident. the incident occured in virginia fairfax county
State/Country relating to question: Georgia
i have a lawyer who got me on bond for 6000. talk to chain of command all the way up to my co. they said it really depends on what the battalion commander wants to do
Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.What you have to understand is that the military is not going to be bound by the decision of the state. The rule under AR 600-85 doesn't require that a person be charged by a state court or even by the Military Court. It simply requires an incident or facts that the commander believes constitutes an incident for separation purposes.Now, all that said, it is very good evidence that this incident doesn't really qualify if the case is dismissed against you and the command can certainly take that into consideration. They just won't be bound by the state's determination.If you have more than six years of service or if they seek an Other than honorable Discharge (if they try to separate you), you'd have the right to a board hearing where you can make this argument.
Lawyer and current JAG officer.
well how do you think the case will turn out if my brother tells the coourt that he did it and i had no involvement or idea what he was doing?
You're asking me to predict how your commander will behave. I simply can't do that.I've told you what he can do, because that is a legal question, but there is absolutely no way that I can tell you, with any degree of realism, what a man I don't know will do in this situation.I would advise any commander under me to not consider this an offense. This doesn't sound like the types of situations where the state dismissed a claim based on a plea bargain...where the facts support it being an incident, but the charges are just changed. Here, the facts sound like they clearly support a dismissal. But I've had my advice ignored more than I care to try and count.
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