Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

They still havnt charged me with anything and im 24 days past…

They still havnt charged me...
They still havnt charged me with anything and im 24 days past my EAS/ECC. How long can they keep me on legal hold and not charge me?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 2 minutes by:
3/6/2014
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,455
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

They can keep you if there is a pending investigation...there is a pending investigation, correct?
Ask Your Own Military Law Question
Customer reply replied 4 years ago

The CID agent just spoke with me yesterday and told me that he was done with the investigation. He had on last question that I answered and he told me " thats all I have for you ill send this up to the CO, and work on getting your phone back."

Thanks

Then I expect you should hear soon how this unfolds.

The CID has to submit the investigation to your commander (likely Battalion...but perhaps Brigade...depends on who ordered it)

The commander then needs to decide how to proceed. If they plan to court martial you? Then they will need to refer charges to court.

Otherwise I would expect them to release you at the end of your contract.

If you want to press matters? You can write a letter to your commander demanding a "speedy trial"

The US Constitution requires they proceed to trial with "due diligence"...if you demand a speedy trial, it puts pressure on the commander to move quickly to resole the charges


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.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,455
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Well they charged me with 112a; but my 1stsgt said the are going to NJP me in order to save my benefits. I have no idea why he would say that if he wasnt planning on giving me a fair shake at the NJP.

Technically they are not supposed to keep you past your EAS for NJP.

But I would not fight this...I would let them run NJP and discharge you so you an avoid court martial

Ask Your Own Military Law Question
Customer reply replied 4 years ago

You have been helpfull every step of the way sir; thank you. I accepted it and im moving on. Semper Fi.

Go get em Marine.
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,455
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,455
37,455 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

37,455 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
I signed my end of contract and my audit on the same day and
I signed my end of contract and my audit on the same day and in the audit it said EAS was gona be changed to 20161209 how long can they hold me after the end of contract date… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
My EAS was Friday August 26th 2016. I recently was told that
my EAS was Friday August 26th 2016 . I recently was told that I was placed on legal hold due to an investigation . Since then I've heard nothing . And iPac has been calling me to come and get my dd214… read more
Shannon Llenza
Shannon Llenza
Principal
Juris Doctor
12 satisfied customers
My command opened an investigation on me and fratenization,
My command opened an investigation on me for adultery and fratenization, the investigation only took a week came up with little evidence, it's been 3 weeks since the investigation ended and I haven't … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I am currently active duty in the marine corps. I have 2
Hello sir. I am currently active duty in the marine corps. I have 2 months left until I go on terminal leave. I have been on limited duty for almost 6 months (expires before my EAS) and has caused me … read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I have my dd214 and my eaos is in 10 days, they started an
I have my dd214 and my eaos is in 10 days, they started an investigation of an affair I had with another sailor not in my chain of command, can they do anything to me. My wife and I are very worried… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I am about to go before a battalion njp and I was wondering
I am about to go before a battalion njp and I was wondering if they charge me if they could hold me past my eas for a restriction penalty and if not where exactly does it say that.… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I am past my Eas by 5 months pending an NCIS investigation.
I am past my Eas by 5 months pending an NCIS investigation. How long can i be held without charge.… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Can I be held past my EAS for not having completed the Seps/taps
Can I be held past my EAS for not having completed the Seps/taps class. My scheduled date was very close to my EAS and I never ended up going because of a family emergency, went on emergency leave and… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
Hello I am being held on legal hold and my EAS is in 2 weeks.
Hello I am being held on legal hold and my EAS is in 2 weeks. On April 17th 2014 my wife accused me of sexually abusing our daughter and had the MP's arrest me. NCIS took me to their office with the i… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Good morning, I was just presented with an RLS from my command
Good morning, I was just presented with an RLS from my command this week. My EAS is Monday June 30, 2014 does the RLS constitute a legal hold? I have not signed any paperwork to extend my EAS past Mon… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Im Past my EAS/ECC/EOS and they just NJPed me; my question
Im Past my EAS/ECC/EOS and they just NJP'ed me; my question can they keep me here on restriction and EPD. They are processing me out now and administratively separating me; but they started this proce… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
Im 2 days out from my EAS, I have been in for 9 Nine years
Im 2 days out from my EAS, I have been in for 9 Nine years and was charged by CID for spice and intent to sell. My command hasnt charged me with anything and the only way I found out about my hold was… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
Good evening sir, my actual hard EAS was today.... but I got
Good evening sir, my actual hard EAS was today.... but I got in a bit of trouble before my actual four years was up. They say they are putting me on legal hold and are going to pay me until the BCD pa… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I need answers! I am currently on legal hold for sexual assault.
I need answers! I am currently on legal hold for sexual assault. It was supposedly reported on November 12, 2012, and I have been on legal hold since then. There have been no charges filed against me … read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I was in Med Hold in the marine corp. At the time I gained
I was in Med Hold in the marine corp. At the time I gained weight and they put me on B.C/P ( Body Composition program). Being under that not allowed me to gain any points which affects me now with ser… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
There has been an ongoing investigation going on in my unit
There has been an ongoing investigation going on in my unit with my husband (and others)he has now been held on legal hold passed his eas of 2/2/2012 and has not been told he is facing court martial. … read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I am being held beyond my EAOS due to an NCIS investigation.
I am being held beyond my EAOS due to an NCIS investigation. I was placed on legal hold in Jan of this year. I have tried every measure to find out the subject of the NCIS investigation but it was to … read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers
I am under an impending investigation and had already filed
I am under an impending investigation and had already filed my voluntary seperation paperwork. My DOS is in May, but the investigation may take longer than that. Will I be involuntarily held past my D… read more
P. Simmons
P. Simmons
Military Lawyer
37,455 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x