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 Peter Griesch Your Own Question
Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
89571709
Type Your Military Law Question Here...
Peter Griesch is online now
A new question is answered every 9 seconds

Sir I have a question

Customer Question

Sir I have a question
Submitted: 1 year ago.
Category: Military Law
Customer: replied 1 year ago.
I'm being accused of 7 accounts of larceny and 1 account of soliciting another person to do the same offense
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Can I talk to you on the phone?
Expert:  Peter Griesch replied 1 year ago.

I'd be happy to discuss with you by phone.

Customer: replied 1 year ago.
Okay. Can you just answer a few questions on here?
Expert:  Peter Griesch replied 1 year ago.

Sure.

Customer: replied 1 year ago.
Okay. I'm being accused of 7 accounts of larceny
Expert:  Peter Griesch replied 1 year ago.

What is your question?

Customer: replied 1 year ago.
One) does that mean I will get charged for all 7?
Two) if I've never been in trouble and I've been in the navy for almost ten years and my record is clean up until leading to this what is the best and is the worst that can happen?
Customer: replied 1 year ago.
will I get jail time?
Expert:  Peter Griesch replied 1 year ago.

What do you mean that you are accused? What is the background? What are you accused of stealing?

Customer: replied 1 year ago.
Switching tags and taking it back for store credit. On base.
Expert:  Peter Griesch replied 1 year ago.

On how many occasions? Seven?

Expert:  Peter Griesch replied 1 year ago.

What is the total dollar value?

Customer: replied 1 year ago.
seven they're accusing me of. The value they didn't actually say but at most it will be 1000-1200
Expert:  Peter Griesch replied 1 year ago.

If they have evidence to substantiate seven specifications of larceny, then you'll be charged with all seven. The charges will likely be referred to a special court-martial. After you're charged, you'll be assigned a defense counsel. He or she may be able to negotiate a deal to bring this to an administrative discharge board, if you agree to waive the board hearing and accept an OTH discharge.

If not, you'll stay at the special court-martial, and have to decide whether to plead guilty (with a pretrial agreement that limits your jail time or prevents a discharge), or plead not guilty.

If you plead not guilty, and get discharge protection from the court-martial, you'll still likely face administrative separation.

Customer: replied 1 year ago.
I'm looking for an military defense attorney now. If I accept the special court martial, will a conviction be on my record?
Customer: replied 1 year ago.
The only thing I don't want is this to be on my record.
Expert:  Peter Griesch replied 1 year ago.

Yes, unfortunately you'll have a federal conviction for larceny.

Expert:  Peter Griesch replied 1 year ago.

If you are convicted at court-martial, you'll have a criminal record. If you are lucky and the command offers an admin board deal, you won't have a criminal record, but it will appear as an administrative discharge with an OTH on your DD-214.

Customer: replied 1 year ago.
Can I still get a good job if that happens?
Expert:  Peter Griesch replied 1 year ago.

It depends on what you're looking to do. If you have a criminal conviction, and the employer asks/finds out through a background check, it will make it more difficult to get certain jobs. If it's a board waiver, it may not affect you at all in a job search.

Customer: replied 1 year ago.
If my career has been great up until this point. What do you think the chances of a board waiver is? Also having a military defense attorney, is that a good idea?
Expert:  Peter Griesch replied 1 year ago.

Having a good career will certainly help you negotiate a board waiver. It's certainly very possibly that you will be able to negotiate a board waiver.

In terms of counsel, it all depends on the person's experience. Like all attorneys, some a terrible, some are good, some are great.

Customer: replied 1 year ago.
Okay. Also, do you think I'll get jail time?
Customer: replied 1 year ago.
Being my first offense.
Expert:  Peter Griesch replied 1 year ago.

If you're convicted, yes. It being your first offense means nothing. You're in a military court. It's always everyone's first offense. That will have no bearing on the sentence imposed.

If I had to estimate, anywhere from 1 - 3 months. That said, a pretrial agreement, if you agree to plead guilty, could cap the sentence to 30, or even no brig time at all. It depends on what your defense counsel is able to negotiate.

Customer: replied 1 year ago.
Okay. What about if the command gives me an admin sep. How does that play in?
Customer: replied 1 year ago.
If the agree.
Expert:  Peter Griesch replied 1 year ago.

The admin sep is the board waiver. It's unlikely you'll be given an admin board. You'll very likely be referred to a court-martial, but might have an opportunity to get a deal where you agree to waive the admin hearing and accept an OTH.

Customer: replied 1 year ago.
Could the deal consist of this not being on my record?
Expert:  Peter Griesch replied 1 year ago.

If you have a board waiver you will not have a conviction, but it will appear on your DD-214.

If you do not, you will have a conviction.

That is not negotiable.

Expert:  Peter Griesch replied 1 year ago.

If you have no further questions, please rate my response. I only receive credit from Just Answer id my response is rated. Thank you.

Related Military Law Questions