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My fiance is at a loss, On July 6th an incident occurred

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Hi my fiance is at...
Hi my fiance is at a loss, On July 6th an incident occurred where 3 newly ranked Corporals voluntarily asked to be blood-striped (the tradition of hitting a person on the upper thigh it congratulate them on their new rank, being hit with something as extreme as a pipe) 6 marines including my fiance knee'd the 3 new Corporals to 'induct' them. At a house party one of the new Corporals was met by a Sargent that asked him why he was limping and he tried to avoid the answer, it got out what happened and fast forward to now. 5 of the marines were read their rights yesterday and today and are being taken to the brig today. The command knows my fiance was involved, however my fiance had his wisdom teeth surgery done on tuesday the 11th, he has not been read his rights at all and is going to the brig today with the rest of the guys. he cannot talk very well due to the surgery and I am not sure what he should know that is important
JA: Are you overseas or stateside?
Customer: stateside, camp pendleton
JA: Have you talked to anyone in the chain of command about this?
Customer: me personally no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 4 months ago.Category: Military Law
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Answered in 46 minutes by:
7/13/2017
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,288
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

I am sorry for this dilemma. As a retired Marine, I am familiar with such circumstances.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Can you tell me, what are your questions regarding this matter?

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Customer reply replied 4 months ago
he was told to go to the brig as part of a pretrail agreement, however the 5 other marines were read their rights and he was not, is that an issue?
Customer reply replied 4 months ago
what options does he have if he has any?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

That does not make sense...that it is not possible to negotiate a pre trial agreement until he has been formally charged...has he been charged?

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Customer reply replied 4 months ago
he went in with the other marines without being formally charged because that is what he was told to do
Customer reply replied 4 months ago
pretrial confinement is what he called it
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal ($5) additional charge. I do not time my phone calls...we can converse until you receive the information you need.

If you are unwilling to speak on the phone I will opt out of this question and allow others to assist, if they are willing.

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Customer reply replied 4 months ago
I cannot talk on the phone currently I am at work
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

What is your question regarding this?

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Customer reply replied 4 months ago
because he was not read his rights/charged is that legal? or allowed? for them the confine him in the Brig
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

The fact he was not read his rights is not relevant to the decision to place him in the brig. And the fact he was not read his rights is only relevant to any statements he made IF they interrogated him...if they interrogated him, and he gave a statement, he could ask the court to keep that statement out since he was not read his rights.

Since he can not talk, it makes sense that they did not read his rights...there was no reason to

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Customer reply replied 4 months ago
okay in regards ***** ***** situation should he fight it ?
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

He should. I would.

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Customer reply replied 4 months ago
would he be able to do it himself or does he need a lawyer
Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

The Marine Corps will provide him a lawyer...likely within a week.

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Military Lawyer: P. Simmons, Military Lawyer replied 4 months ago

Again,

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

If not can you please rate the answer.

Thank you

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,288
35,288 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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