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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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I was just caught shoplifting and I was wondering what the

Customer Question

I was just caught shoplifting and I was wondering what the process is now. I asked for a lawyer and they did not let me see the proof that they have. What are my options?
JA: The Military Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: What do you want to know?
JA: Anything else I can tell the Military Lawyer before I connect you two?
Customer: It was less than 200. And I did put the products in my purse but I did not mean to leave the store with them. When I was read my rights it was not verbatim so I was wondering about that as well.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Right now, they don't have to let you see the evidence. They don't have to do that until you are actually charged. Then, as part of disclosure, they'll reveal the evidence to your attorney. The process first is that they have to determine what action to take. Command has to be notified and will make a decision on whether or not to Article 15 (most likely) or court martial. Once command makes that decision, then you'll have the opportunity to work with a defense counsel and figure out your options. Your best course of action right now is to maintain silence, don't make a statement and invoke your Article 31 rights. Only cooperate following recommendations from your counsel. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 8 months ago.
The rights reading really isn't an issue. It doesn't have to be verbatim. The law is not so hyper technical as people think.
Customer: replied 8 months ago.
I am a spouse. Does that change anything?
Expert:  Allen M., Esq. replied 8 months ago.
Ok, yes it does. As a spouse, you'll be charged by either the civilian court for the county or the federal magistrate court. You still need to invoke silence and then you'll have to hire your own counsel. The command won't make a decision here, the civilian prosecutor will.
Customer: replied 8 months ago.
Even if I am overseas (germany)?
Expert:  Allen M., Esq. replied 8 months ago.
New facts make for new answers. When you are in a foreign jurisdiction, the only available mechanism for punishment is the federal magistrate court rather than the local police. So, you'll face the federal magistrate if they decide to prosecute at all. They certainly can under the status of forces agreement, so this is just going to depend on base legal recommendations. You will still have to hire your own attorney though.
Expert:  Allen M., Esq. replied 8 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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