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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32787
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son has been put on Military hold violence allegation.

Customer Question

My son has been put on Military hold for domestic violence allegation. This happened in April 2016 his active duty end July 23, 2016. He has tried to talk to the Jag office and they are to busy he has been speaking with his commanding officer but they have no information. What is the usual process and how long can they hold him? What are his options?
Submitted: 3 months ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 3 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What did his commanding officer tell him regarding this matter? When is his domestic violence case going to court?

How many times did he contact his JAG office, since they have an obligation to represent him in these matters within the scope of the Uniform Code Of Military Justice?

Expert:  P. Simmons replied 3 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Different expert here...former JAG officer.

Your son's rights in this matter will stem directly from the actions his CO takes. Specifically, his rights will depend on the potential impact.

IF the CO takes no adverse action? Then there are no "rights".

And this is why JAG will not talk to him...they have no obligation to assist him at this point.

IF the CO wants to separate your son? They have to give him notice, in writing. He will want to carefully review this notice. Since the type of separation will dictate his rights.

IF the CO wants to give a "bad" discharge (called an "other than honorable" discharge) the CO also has to give the opportunity for a hearing on the matter as well as the opportunity to have an attorney assist. Your son should exercise his right for both (both the hearing and the lawyer). The lawyer can then assist him.

IF the CO wants to give a "neutral" discharge (called a "general, under honorable conditions" discharge) the CO is NOT required to provide a hearing or a lawyer. YOur son's sole recourse is to submit matters in writing to the separation authority asking that he not be separated.

Bot***** *****ne: it is too early for JAG to be involved. IF your son is to be separate he MUST be provided notice in writing...this will dictate his rights

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 3 months ago.
Hi Phillip, can I have my son speak directly to you first by email then possibly a phone call? He actually has never even spoken to his Commanding Officer only his Master Sergeant, who speaks on my sons behalf CO, my son feels like it is whisper down the lane and he is getting no answers. The original CO is no longer there and been replaced just recently by a new CO his
Master Sergeant leaves in August and will be replaced. My son is finished his 4 year term with the USMC 7/23/16. how can this be expedited. I know the military has a lot of these charged filed it seems to be common and I understand they have to investigate but what is reasonable? Please help
Expert:  P. Simmons replied 3 months ago.

Easy. Happy to help. I will send the offer...if you accept I can provide my #'s

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