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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13980
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Just curious, if I did get investigated what would the

Customer Question

just curious, if I did get investigated what would the process be? Who I'm my chain of command would be involved? This is in regards ***** ***** girl who tried to black mail me for the texts and adultry case.
Submitted: 4 months ago.
Category: Military Law
Expert:  P. Simmons replied 4 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 4 months ago.

Sorry...was this for a different expert? I do not see the background information for this question

Customer: replied 4 months ago.
it was. Just a quick recap. A few weeks ago I met a girl at a bar and ended up sleeping w her. I knew it was a mistake and told my wife. Her and I are moving forward. The girl I slept w claims she lost her phone and also claimed she could be pregnant then demanded money for an abortion. I said no then I had a restricted number call me and say if I didn't pay her money (the new girl) she would take the evidence she had from the phone she claims to of found and bring it to the navy. My original question is could I get in trouble for adultry. The other expert said no because i do not fall under the third prong of the adultry law. (in an e6, she's civilian) my next question was if she did have evidence and did drop it off at the navy would they bother investigating? If so what members of my chain of,command would know
Expert:  P. Simmons replied 4 months ago.

What????

Sorry...someone actually claimed that since she is civilian this is not a crime?

Expert:  P. Simmons replied 4 months ago.

OK...I had the chance to review the other answer. It is wrong...sorry...they are flat wrong.

Expert:  P. Simmons replied 4 months ago.

You can be prosecuted for adultery if you slept with someone not your wife. Period.

Expert:  P. Simmons replied 4 months ago.

I do not know why the other expert would claim otherwise...I reported the answer as a wrong answer...

Customer: replied 4 months ago.
Well there are 3 prongs you have to hit for adultry and after talking to a jag he agreed that I did not hit the 3rd one
Expert:  P. Simmons replied 4 months ago.

Yea...that is flat out wrong.
That is to claim that they can not meet the third prong because they are not a member of the military is silly...I know this from personal experience (I prosecuted and defended for the Marine Corps)

Sorry...again, I reported the wrong answer.

Expert:  P. Simmons replied 4 months ago.

And, frankly I do not believe you were speaking with JAG (JAG would know better)

Customer: replied 4 months ago.
I'm not saying that's why I don't meet the 3rd prong.... Her being a civilian had nothing to do with that... I'm saying I don't because I don't appear to.... That being said I went to jags office and talked to jag... Who was wearing the jag insignia....
Expert:  P. Simmons replied 4 months ago.

If JAG is telling you that you can not be prosecuted for having sex with someone not your wife (and you are currently married)? They are wrong. You can be.

Again, based on my experience...I have prosecuted several of such cases. It is NOT hard to meet the burden on the 3rd prong.

Customer: replied 4 months ago.
I didn't say I couldn't be , I said he doubted i would be. That being said you have seemingly dissmissed the blatant black mail attempt as well as the threats, and you have yet to answer the question i posted in this thread so I'm just going to stop talking
Expert:  P. Simmons replied 4 months ago.

I wish you the best

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