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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32798
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I being accused of adultry packet was submitted there is a

Customer Question

I being accused of adultry packet was submitted there is a lot of discrepancies and its all sworn statements word of mouth no actual evidence. I am now divorced but the other soldier is not. What would the outcome be
Submitted: 3 years ago.
Category: Military Law
Expert:  P. Simmons replied 3 years ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Outcome depends on the are they charging this? At court martial? Art 15? Something else??
Customer: replied 3 years ago.
They charging as an article 15
Expert:  P. Simmons replied 3 years ago.
Thank you

SO in this case, is there evidence you were married to someone and had sex with someone else at the same time (had sex with someone other than your spouse)?
Customer: replied 3 years ago.
No there is no evidence they are trying to say we violated a no contact order we never did the only reason I talked to him was because our job required it and this is also how I meet him they're is 4 sworn statement in the packet all the sworn statement say is that they knew there was a no contact order but they have never seen us together. For some reason that packet got passed by brigade legal with no hard evidence none of the sworn statemts have a DA 3881 attached and none are initaled and half aren't signed. What I want to know is why TDS is not kicking back my packet due to lack of evidence and not having valid sworn statements. There are also no copies of the no contact order and the commander that gave to us at the time are no longer in command
Expert:  P. Simmons replied 3 years ago.

At Art 15 the formal rules of court martial do not apply. So they can use evidence like rumor and hearsay.

If there is no evidence of adultery you may want to refuse Art 15 and demand a court martial

But understand, that if they go to court they are not limited by what was charged at art they could, for example, charge you with that no contact order. But if you are not guilty of anything? And they have no evidence you are? I would refuse Art 15 and make they try and prove at court where the rules of evidence and procedure apply

Expert:  P. Simmons replied 3 years ago.
I am disheartened by your negative rating. I perform this service in order to help folks like yourself...negative ratings put my ability to continue in jeopardy.

I provided you an honest answer to a straightforward question. Not what you wanted to hear? Sorry. But best if you hear the truth than get information that is not accurate

I wish you the best of luck

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