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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20363
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I am a recruiter being investigated and need legal advice. I

Customer Question

I am a recruiter being investigated and need legal advice. I have consulted with multiple attorneys but am trying to get the best defense possible.
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for your post,however, we are prohibited by the Site TOS and our Bar ethics rules from providing legal advice via this forum. In addition, we are prohibited by our agreement with the Site from representation away from this Site. If you have questions though about a specific right or issue, I can discuss the law with you. Just not to the extent that you are given advice or a legal opinion. If you have questions, based on this post, then please ask. Otherwise, you will need to speak to a judge advocate or a local attorney who handles military justice cases. In that case, you can contact customer service to obtain a refund of any deposit you might have left with the Site.

Customer: replied 1 year ago.
Okay so article 134 and 92. If someone hasn't been officially charged should a 138 hypothetically be used at this moment?
Customer: replied 1 year ago.
I have spoken to navy jag and they are not helpful I just want to better understand my possible rights right now such as maltreatment and if I am allowed to file a formal complaint or is that right taken away
Expert:  Marsha411JD replied 1 year ago.

Alright, please give me a moment to respond to what you have posted thusfar and don't post more until you get my response, so that we can actually communicate effectively. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I have reposted your post that you placed in a new question thread below and will try to cover your questions. If I miss something, please feel free to ask a follow up. Although you can always file an Article 138 complaint, in this case, it would typically not be appropriate. The proper way to react to this is to first, not make any statements, and secondly to wait until you are charged (if at all). At that time the process starts and you will have an opportunity to defend yourself (with the help of a JAG if at court-martial or if you ultimately face a discharge board). I understand your frustration and concern, but you have no control over the process and an Article 138 will not stop it.

I normally don't recommend hiring a civilian attorney because they are usually much less effective, and very expensive, than your appointed JAG once the process gets to the point where an attorney is actually needed. At this point, while pending disposition, an attorney isn't going to help you. But again, you should never provide a statement. It is the Government's burden to prove their case, you don't want to inadvertently help them.

Please feel free again to ask follow up questions.

Military recruiter allegations of 92 and 134 nothing formal yet. Should I hire a lawyer I have been told by Cwo2s that are my mentors that the entire investigation is very strange. My family and I have been adversely affected by this tour no prior njp my rank is e6 with 8.5 years and 3 deployments. Nothing but good evaluations. I am scared and this job has caused myself and my wife anxiety disorders. My command is leaving me in the dark. I don't know what to do. I have been interviewed twice by 2 separate people and gave no statement and did not revoke my rights. Alleged charges are 92 and 134 but they won't tell me specifics other than alleged allegations of fraternization with a future sailor. I have been screwed over many times by my command and no one is helping me. I was recruiter of the year last year. I am losing my mind over this and my family is also