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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26061
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Does an infraction of a municipal code that results in a fee

Resolved Question:

Does an infraction of a municipal code that results in a fee need to be reported to military command if you are active duty military?
Submitted: 10 months ago.
Category: Military Law
Expert:  P. Simmons replied 10 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

There is no rule that would require a service member to report an infraction. In the same way there is no rule that could require a service member to report a misdemeanor or felony arrest. Such a rule would violate the 5th Amendment right against self incrimination.

The only exception would be for individuals with high level security clearances (TS/SCI), who are required by the regulations that grant access to the materials to disclose arrests or charges to the security manager.

Now...despite the fact that there is not a rule requiring disclosure, it may well be in the interest of the member to disclose. If it is clear that the command will find out regardless, telling them up front can sometimes minimize the impact from the command. This is particularly true for more serious charges (where, for example, the command could press to separate the member administratively for misconduct...if they are going to find out regardless, best to tell them before they find out on their own)


For an infraction? That is a tough one. If there is a good change that the city will inform the base? I would recommend disclosure. But if that is not likely? There is no good reason to disclose. And certainly no rule.

Let me know if you have more questions, happy to help if I can
Customer: replied 10 months ago.


Thank you very much for the information and the response. According to my civilian lawyer that I hired when the citation occurred, it will come off my record on its own with time and will not need to be expunged. I was not planning on telling command because I do not think that the city will contact my base. It is a really embarrassing infraction and something that is extremely out of character for me. Is it worth trying to get the infraction dismissed in court?

Expert:  P. Simmons replied 10 months ago.
I think it is worth working with your local attorney to minimize the impact. And if you believe the city is not going to notify the base? And you are not going to have to report to jail? Then I would not report it either.
Customer: replied 10 months ago.

No, I just have to pay a fine ($200).

Expert:  P. Simmons replied 10 months ago.
Then I think you have little to worry about.

Even if they find out, they can not punish you for not reporting. Again, there is no duty to report on oneself...such a rule would violate the Constitution.
Customer: replied 10 months ago.


Thank you very much for taking the time to respond to me. I work on a very small base and am in a leadership position and did not want to talk to the one lawyer that is located on base who is really good friends with my commander. Thank you very much.

Expert:  P. Simmons replied 10 months ago.
You bet

Best of luck through this

Phil
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26061
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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