How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32824
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I was charged with public intox spent the night in jail then

This answer was rated:

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?
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 3 years ago.

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

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 and other Military Law Specialists are ready to help you

Related Military Law Questions