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psimmons, Military Lawyer
Category: Military Law
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My son came from the war and wen off the deep end had an altercation

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My son came from the war and wen off the deep end had an altercation with his wife, was taken from his home by the local swat. The military state they can't help him. It's out of there hands. This has been going on for two yrs. his wife has Sence left him, he is still in and out of court and the D A has not got the evidence to convict him he wife is the only witness and won't testify, but the th DA has held this case up for the last two yrs. and will not drop the charges. He's being discharged in Sept. we don't under what standings yet. He's sold all his personal positions trying to pay for a lawyer that is not doing anything but going along with the DA, is there anything he do. He's getting so depressed. I am getting worried. He has no memory of the incident an has Sence been diagnosed depression- anxiety and PTSD by the military. Is there anything he can do?

Submitted: 1 year ago.
Category: Military Law
Expert:  psimmons replied 1 year ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

I am sorry for this mess.

What you describe is all too common...a war veteran returning home with mental illness issues that have not been properly treated and landing in front of a criminal court.

It is true, the military can not help. Their lawyers are prohibited by law from assisting with this.

So he needs to rely on his civilian lawyer. If he is not happy with his lawyer? He should get a new one.

You mention that the DA has no evidence but is dragging the case on.

One thing that he may consider is filing a "request for speedy trial" to the court.

This can help speed up the process a bit

The other thing he will want to do is keep his command happy...you mention his end of service is coming up. That is good...it is good that they military has not yet separated him. They could. They can separate him with an "other than honorable" discharge based on the charges alone. So if he is still in? That is great. And perhaps better if his trial drags out till AFTER he is out...since if convicted he would immediately be discharged with an OTH discharge.


If he has not done so, he should now apply to the VA for compensation. They can not help with his legal troubles...but they can get him money and treatment




psimmons, Military Lawyer
Category: Military Law
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Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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