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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 was arrested. I am a US Army National Guard Soldier. It

Customer Question

I was arrested. I am a US Army National Guard Soldier. It was a felony. I have drill tomorrow. What should I do?
JA: Are you overseas or stateside?
Customer: Stateside.
JA: Have you talked to anyone in the chain of command about this?
Customer: No not yet. I just came back from Ait about a month ago. I am currently going to drill at a transition Unit before I am assigned to my actual unit.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I already have a civilian lawyer, do I really need a military lawyer?
JA: Sorry about that. I must have missed it. Could you tell me again?
Customer: Do I need a military Lawyer? I already have a civilian lawyer
Submitted: 8 months ago.
Category: Military Law
Expert:  Marsha411JD replied 8 months ago.


Thank you for the information and your question. I can't advise you what to do since we are not forming an attorney-client relationship, which would be required for legal advice, however, I can say that you are under no duty to implicate yourself in a crime. In other words, despite what you may have been told, at this point, as long as you are able to attend drill as long as you have not been convicted you do not have to share your arrest with the NG. This arrest was, from what you say, while you were in a non-drill status, so not something at this point that you could be punished for by the Guard.

If you are later convicted, then the Guard would have to be notified if you have to serve any time in jail and miss drill or you have a security clearance. And no, you do not need a military attorney at this point.

Please feel free to ask follow up questions if you need to. I will be away from my computer for most of the morning, but will get back to you as soon as I can. If no further assistance is needed, then if you could take a moment to leave a positive rating in the ratings box above, and let me know I have answered your question, the Site will give me credit for assisting you today. Thank you

Expert:  Marsha411JD replied 8 months 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 7th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.