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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15771
Experience:  Lawyer and current JAG officer.
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If a person is convicted in a military court on several counts

Customer Question

If a person is convicted in a military court on several counts of assault and battery and domestic violence. Can they be tried again for criminal charges in the state of Arizona? Also, can a civil case be brought against them for restitution. Lastly, is there a statute of limitations?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

Ok. First, yes they can be tried in both state courts and in civil court. The rule against double jeopardy applies only within the same court jurisdiction and the military court system is in a different jurisdiction than either state or civil law courts.

Oddly enough, a person can technically be tried 4 times for the same factual scenario in Federal, state, civil and military court jurisdictions, though that is exceedingly rare.

As for the statute of limitations, that will depend on which court you're talking about and what the suit is based on.

In Arizona, the civil statute of limitations for assault and battery would be 2 years from the date of the injury.

The criminal law statute of limitations is just one year.
Customer: replied 1 year ago.

Thank you for your quick and thorough answer. Does the statute of limitations differ if the person is convicted of a felony?


 


When a person is convicted of a felony in a military court, how is the issue of restitution handled. If there was permanent physical damage to the person assaulted?

Expert:  Allen M., Esq. replied 1 year ago.
No, the statute of limitations is what it is. The military conviction has no bearing on the statute of limitations at all.

The military could have adjudged a fine during the court, but if there was not a fine adjudged then, the military does actually take any action as it pertains to personal injury. That is civil law matter for civil courts to contend with in a personal injury or civil law tort claim.
Customer: replied 1 year ago.

Does the military have any responsibility to explain these rights to the victim?

Expert:  Allen M., Esq. replied 1 year ago.
No, they don't because the military doesn't actually represent the victim, they represent the military. They also don't have jurisdiction to even act in the civil courts.

Now, the military is starting to utilize victim's rights advocates which have training in explaining these things to victims, but the military doesn't bear any legal responsibility to explain to a victim their rights to sue in civil court. This is also true in the civilian world. Civilian prosecutors have no legal obligation to explain to a victim that they have other legal rights. They represent the state, not the victim.

In both instances, the attorneys involved have a limited client, the state/government. Many certainly choose to give the victim as much information as possible about civilian legal opportunities, but it's not an obligation because there is no attorney/client relationship between the victim and the attorney.
Customer: replied 1 year ago.

Very thorough answers, thank you.

Expert:  Allen M., Esq. replied 1 year ago.
No problem. Take care.
Customer: replied 1 year ago.

A final question. When a military member is convicted of a crime and discharged from the military. Are the still considered a military member when they serve their time in the military prison, after their probation or are they discharged upon sentencing?


 


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