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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15795
Experience:  Lawyer and current JAG officer.
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Hello. I am US Military, stationed in Germany. I recently received

Resolved Question:

Hello. I am US Military, stationed in Germany. I recently received a DUI in The Netherlands with a court date a few months from now. Although it occured in a different country involving Dutch civillian police I chose to report it to my chain of command just to have a clear conscience. Now the US military is actively trying to gain jurisdiction of the case from the Dutch. Could I request the Dutch police retain jurisdiction? What happens if the US military does not gain jurisdiction? Could they charge me with a random article of the UCMJ instead? My overall goal is to face the consequences from the Dutch law side of the house.
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.

Unfortunately, you have no ability to control how you are charged. There is literally nothing that you can do to change the outcome, in terms of how you will be charged. This is a matter of politics now, between the Dutch and the U.S. military (who always requests jurisdiction).

The Dutch will either choose to take it or not. If they take it, you will still be punished in some fashion by the military, be it administrative discharge or a referral EPR/OPR (or both). If the Dutch don't keep it, then the military will do the criminal side, as well as, the administrative side.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15795
Experience: Lawyer and current JAG officer.
Allen M., Esq. and 2 other Military Law Specialists are ready to help you

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