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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26157
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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"I know someone in the Miramar Brig currently serving 4 years

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"I know someone in the Miramar Brig currently serving 4 years for a proclaimed sexual assault that took place in Okinawa Japan last year. I am curious when his sentence is over if he will for sure have to register as a sex offender and will it be hard for him to follow me in different areas I will need to go due to my military obligations? As well as, he was told he may have an appeal in 45 days but says it seems Marine Corps hardly ever gets accepted out of there on the appeal, what if anything would make that true?
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

If he is serving a 4 year sentence, then he was convicted at a "General Court-Martial". That is significant, since a general court martial is the military version of a felony trial.

A general court martial conviction is, in effect, a federal felony conviction.

If the conviction was sexual assault, then most likely he would have to register. It will depend on the state, but nearly all states require registration for a felony sexual assault conviction.

Can he follow you? Probably. There are some restrictions on where a convicted sex offender can live (typically they can not live within a given radius of a school or a park), but any place where there is a military base there will be locations where he can live.

As for appeals? If he was convicted at a General Court Martial he is entitled, by law, to a full appeal.

The military will appoint him an attorney to assist with the appeal.

The appeals process can take anywhere from several months to several years, depending on many factors. The longer and more complex his trial, the longer the appeal process can take.

It is true, that appeals are seldom successful...that is simply how the process works. The judge at the trial is charged with making sure the trial is fair. But if the judge makes a mistake (and that happens on occasion) the appeal can help the person who was convicted.

You mention you believe he is innocent.

If he is, then I would expect the appeal to grant him some relief


Please let me know if you have more questions...happy to assist if I can
Customer: replied 9 months ago.

Mr. Simmons,


 


Thank you very much for your answers


as i wish there was something more i could do to help him. Anything you know of that i could? According to him, his attorney in Japan did not contact his witness list for the trial. Would i be allowed to get involved?

Expert:  P. Simmons replied 9 months ago.
Ma'am, at this point, unless you are an attorney, there is not much you can do (other then perhaps help him hire an attorney)

Since the trial is over, this case is in the hands of the appellate courts.

So he needs a lawyer to assist.

He rates an attorney free from the military for this. OR he can hire one to conduct the appeal.

If his trial attorney did not do their job? That can be grounds to have the case reversed on appeal.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26157
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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