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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20362
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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My daughter is on deployment with the Army. She is active

Customer Question

My daughter is on deployment with the Army. She is active duty. She received a citation about her cars on her property from Jefferson county in West Virginia. I contacted the county and told them that she was on deployment and would not be able to respond to the citation. In the meantime a hearing was held and of course she could not be present, her deployment is outside of the United States. A warrant was issued for her arrest. Who do I need to talk to, I know that she is protected by the Sailors and Soldiers Civil Relief Act, but someone at the county level needs to know that as well. Who should that person be?
Submitted: 2 years ago.
Category: Military Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. Just for general information, the law is now called the Servicemembers Civil Relief Act and it doesn't cover criminal proceedings, but does cover civil proceedings. The appropriate way for her to have handled this issue would have been to get a letter written by her CO (usually drafted by the JAG or admin) to send to the court notifying them of her unavailability due to operational requirements. If civil, they would have to stay the action. If criminal, there would usually be a continuance. But, this would be her and her command taking this action, not a family member.She can still have the Command send a letter, but what will probably happen is that she will have to petition the court to reopen the case when she returns and use her deployment and unavailability as the reason. To answer the question though in terms of who would know about these things, both the court and the prosecuting attorney would know and understand. But again, they need official communication with this information on it. Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 10th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:

Thank you.
Customer: replied 2 years ago.

Thank you. I did provide a response. Please let me know if there is a way that I can provide it again, since you did not get it.

Expert:  Marsha411JD replied 2 years ago.
If you are using a computer you should see a pop up box that asks for a rating. I am not sure if they are happy faces or stars. That is the mechanism for rating us that allows us to get credit for assisting you. Thank you.