My husband was diagnosed in April of 2011 with Intermitten explosive disorder and was not treated or discharged from the army. He is now being court martialed for old offenses and some new offesnes. He is currently in behavoral health for possibly haveing TBI and schzicophrenia. He has been in for seven years. Should we continue with the army lawyer who is suggesting a Chapter 10.
State/Country relating to question: Georgia
Thanks for the chance to help. I am an attorney with over 12 years military law experience.He needs a lawyer...that is clear. If he is pending a court-martial, which is a federal criminal trial, he needs a good lawyer.But you ask a good question...should you hire a more experienced lawyer to assist (since the Army lawyer you have likely has no experience) or go with what you have.The answer actually may be simple.The fact a Soldier has psychological problems is seldom a defense to a criminal charge. Only if you can show the soldier was "insane" at the time of the crime(s) will that defense work,SO if he is pending multiple charges, if they are offering a Ch 10, I would run with that unless there is evidence that your spouse was insane at the time of the commission of the charged offenses. The army lawyer can request an RCM 706 board to make the determination if your spouse is currently insane or was insane at the time of the actions in question. If he was not insane, he may want to take the deal (the chapter 10) and avoid the criminal conviction and possible Discharge and jail time.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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