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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25468
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was charged with public intox spent the night in jail then

Resolved Question:

I was charged with public intox spent the night in jail then was released the next morning..paid no fine .. was given a paper that said I was to be released on the charges can I be tried under the ucmj?
Submitted: 7 months ago.
Category: Military Law
Expert:  P. Simmons replied 7 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You can be charged. The UCMJ is federal law. So it is not the same as state law (state and federal laws are tied to different sovereigns so there is no issue of double jeopardy)

Now, every service has a rule that makes it a bit more complex to prosecute under military law when a servicemember has been prosecuted in the state courts system. But this only applies when the state brings charges and take the charges to court resulting in an acquittal or conviction at court.

What you describe? Since there was no state court action, the military is free to pursue UCMJ action.

Now...they still have to prove the charges. IF they take you to court martial, for example, they have to prove guilt beyond a reasonable doubt. So if there is no evidence to prove guilt? It may be there do not even bring a case.

But COULD they try and prosecute? Sure...they can certainly bring charges based on what you describe.



Customer: replied 7 months ago.


do you know what articile they could try and charge me with if they tried to pursue

Expert:  P. Simmons replied 7 months ago.
Depends on what happened. But if this was a "drunk in public" charge, it would fall under UCMJ art 134 drunk or disorderly conduct

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25468
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you

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