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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26063
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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During my transfer leave to a different command I got arrested

Customer Question

During my transfer leave to a different command I got arrested on charges of Abduction, sexual assault, solicitation of prostitution, and indecent exposure, I went to jail for a week and got bailed out, now my old command from I already checked out is trying to charge me with the same in the UCMJ. what is going to happen to me? are my orders going to get cancel? but I am already spend thousands of dollars moving my household to my next destination, my old command can charge me?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Either command can charge you

Under the UCMJ, your commanding officer has jurisdiction over the offense.

If you are between duty stations, then one command or the other will take jurisdiction...what you describe are serious charges...so I would expect the military to investigate and determine if there is any truth to the allegations.

If there is evidence to support charging you, they may...or they may all the civilian authorities to do so.

But to answer your question, can they make you go back to the old command to resolve this? Yes...they can.


Sorry to have to bear bad news.
Customer: replied 1 year ago.

ok, but that's the problem I don't have a commanding officer right now, I checked out and I haven't check in on my new command yet, and I have been charged by civilians so even that the military still can present charges against me? is this double jeopardy? can they cancel my orders, even though I already started executing them?

Expert:  P. Simmons replied 1 year ago.
It is not double jeopardy. That is since the state and the federal government are two separate sovereign entities. A person can be charged by both the state and the federal government and that does not violate double jeopardy,

I understand you have checked out...you should contact your gaining command and seek guidance...they can tell you if they will take you...or of they will send you back to the command you checked out of.

Yes...they can cancel or modify your orders at any time.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26063
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 1 year ago.

what could be the possible outcome from this, captains mast or court martial? what if the civilian court find me not guilty? or the abduction and indicent exposure charges are dismissed/? and only solicititation for prostitution and sexual assault with minimum sentences

Expert:  P. Simmons replied 1 year ago.
This depends...it depends on what the civilians do

Can you give me some insight into what may happen on the civilian side? That will impact what happens (or what can happen on the military side)

Also, I may not be able to reply tonight...but will in the AM for certain

Customer: replied 1 year ago.
Basically is her word against mine, but the truth is i did offer her money for sexual favors and i touched her butt, so far my lawer has created a doub because the prosecutor gave lots of information on the bond hearing that differs from the initial staatement that she gave to the police. And when i was interviwed by police they told me that they have video and eyewittness of what happens but is not true, there is no video andno wittnesses, the adbuction charge is a felony but there are not grounds for it whatso ever so my lawer said most likely is going to be dismiss. He is counting in solicitation and maybe the assault charges to stand so he is focusing in the credibility of this girl because for now there are two different statements from her
Expert:  P. Simmons replied 1 year ago.
Thank you

As I mention, it is possible for the military and the state to prosecute the same charges.

But this is not common.

There are several reasons for this, one is that there are service regulations that limit how a service can prosecute a service member after the state has prosecuted the service member. But more important is the idea of efficiency. It takes time and money to prosecute a criminal case. If the state is going to the trouble, typically the service will not...and vice versa.

If you are in the criminal process with the state, it is likely the military will allow that to play out and not prosecute you criminally.

Not to say they will do nothing...they may...or they may take action to separate you administratively. They can separate you prior to the state's case being complete. Not that they have to...if the state case will wrap up quickly, they may wait to see what happens.

So much depends on what the state is doing and how long that will take.

IF you have felony charges pending and it will take months to resolve, it is likely the military will separate you...they will process you out (either with a general or with an OTH discharge).

If the charges are expected to resolve soon? They may wait to see how they resolve...if you can escape with no conviction or with a conviction to minor offenses? Then the military may elect to retain you.

Much will depend on your local commander (your squadron or battalion commander).

They will decide how best to resolve your case

If you are going back to your old command, I would contact folks in your command who can say good things about you...that is what you need now...folks who will tell the commander you are a good soldier/Marine/Airman/Sailor...if the commander has good input regarding you, they are more likely to give you the benefit of the doubt and cut you a break, so to speak


Let me know if you have more questions.

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