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Ask Peter Griesch Your Own Question
Peter Griesch
Peter Griesch,
Category: Military Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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Can i be placed on legal hold prior to finding out the

Customer Question

Can i be placed on legal hold prior to finding out the cause? I was told to sign papers placing me on legal hold but asked why was i being placed on hold i was toldby legal that it couldn't be discussed and i will be told next week when the investigation starts.
Submitted: 1 year ago.
Category: Military Law
Expert:  Peter Griesch replied 1 year ago.
You may be placed on legal hold before you're served with charges. Also, while they may have asked you to sign and acknowledge the legal hold, your consent is not necessary.
Customer: replied 1 year ago.
Isn't that a violation of my 6th amendment? I dont know what i did. Nor did have i done anything to make them think so. I killed noone nor have i used drugs or anything insanely bizarre and no one wants to tell me why. They want me to wait until next week. What about article 31?
Customer: replied 1 year ago.
May i have a follow up on my questions please?
Expert:  Peter Griesch replied 1 year ago.
It's not a Sixth Amendment violation. You have not been charged or arrested.You've been placed on hold so that the military retains jurisdiction over you. If the length of hold continues for a significant period without charges, then it is an issue. A one week delay between starting a legal hold and informing you of charges is not, unfortunately, an issue for which you'll get relief.My advice is that you discuss with a defense counsel on base what is happening. Once charged, you'll be assigned counsel, but it might make sense for you to seek counsel before then.