Have Military Law Questions? Ask a Military Lawyer.
I was told by the JAG that handled his separation that he can not be court marshalled after ETS...? I'm not a lawyer, just an Army brat/wife, but it's always been my understanding that if he was a service member at the time he committed his crimes he could still be subject to military prosecution.
We did live off post, which is why it was handled by the civilian court.
Again, his separation hearing was not till May, but he was arrested on Oct 24, 2012. The only reason his separation hearing was finally pushed through was because he was ETSing in June.
I feel that they sat on it too long and we hasty, putting too much consideration in the fact he was ETSing in a few weeks anyways.
No, he's not in, he got out in June.
He was not separated.
He received an honorable discharge.
If someone who testified at his separation hearing lied, could I ask for some sort of review?
His father stated that the police transcript of the service members police interview was paraphrased, taken out of context and just wrong. Because the trial is over, I was finally allowed to see this interview tape, and what the transcript says is word for word.
I was told I can sue my ex civilly, but he has nothing, especially now he will be incarcerated for life. Could I sue his family? They paid for his bond, criminal attorney and divorce attorney. And especially since my ex father in law lied at the separation hearing, and the children and I were since unable to get Transitional Compensation.
Understandable. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).