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I was put on pre-trial restriction after being confined for 5 days and had not been charged as of then. Does the 120day statue stand for days prior to being charged or it does it have to be 120 consecutive days after being charged?
Can the unit put one on back to back restriction after the 120 days have surpassed? Thank you very much for the information.
I already have had my Article 32 hearing and is the Article 32 considered the start of your "trial" or must the actual trial begin before the 120 day expiration period? And does it matter from the day of confinement and the day of once Article 32? If convicted is pre-trial restriction time and or confinement time credited to the accuser or is that more opinionated?
What reasons does one's command warrant for pre-trial restriction? I have not been afforded the opportunity to attend my religious services for they are located off-base and my command knows that. What can I do to have those rights adjusted to my restriction?
Thank you very much sir for the information. You have greatly helped assisted me in this situation.
If they grant me a dismissal in the charges can they still charge me again with the same charges or they can by modifying them?
You mentioned earlier that the commander can exclude time. Does this mean that it is not a requirement for him/her to do so? basically optional on the merit that the defense requests of which may be denied or just based on the commanders judgment?
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