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Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20228
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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Can I be charged for a crime that happened in my house on

Customer Question

Can I be charged for a crime that happened in my house on base but I wasn't present at the time the crime was commited?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: FL
JA: Have you talked to a lawyer yet?
Customer: Yes but they failed to answer my question because in happened on base.
JA: What advice did they give you?
Customer: They told me to talk to adc.
JA: Anything else you think the lawyer should know?
Customer: My wife got charged as well.
Submitted: 11 months ago.
Category: Military Law
Expert:  Marsha411JD replied 11 months ago.


Thank you for your question, however, in order to properly assist you I will need to have a bit more information. What was the alleged misconduct and what do you mean "charged?" Are you facing NJP (Article 15) a court-martial or what and what is the specific Article you are being told you are in violation of? Have you gone to ADC and spoke to them?

Customer: replied 11 months ago.
My house in base housing was unclean and Animal cruelty. I received a art 15. I have they told me not to go to Court Marshall and to rebuttal the 15. They said I am in violation of Article 92 for failer to keep my house clean and article 134 for animal cruelty.
Expert:  Marsha411JD replied 11 months ago.

Hello again and thank you for the additional information. Your physical presence would not be required for the condition of your quarters. In other words, the quarters are assigned to you and the instructions have specific requirements about conduct in and maintenance of the home. Therefore, you are ultimately responsible for that. As to whether what was found actually violated the housing rules, I can't guess. If you think that there was no violation of the housing rules the CO used to award NJP, then you can base your appeal on that.

As for the cruelty to animal charge, I don't know what the specifics are, but in order to find you guilty of that there would have to be a preponderance of the evidence that you knew. or should have known, that the animal was being cared for improperly or treated cruelly. Again, I can't guess if there was enough evidence to support that charge, but if you believe there isn't, then you can appeal that as well. However, keep in mind that if this was an act or failure to act appropriately toward this animal that occurred over time when you should have been aware, your appeal might not be successful.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

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