Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I had gone over to a friends house to celebrate his 21st…

Customer Question
Good afternoon, I had gone...
Good afternoon, I had gone over to a friends house to celebrate his 21st birthday on a weeknight, both of us had woken up late for work the following day, and I am currently being charged with Unauthorized Abensce, Fraternization, Adultry, and Drunken while on Duty under the UCMJ. This NJP will be my 3rd, if I do decide to accept it, which will result in an Administration Separation. I do plan on possibly fighting this as much as I can and would like some advice on if it’s smarter to do so.
Submitted: 8 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 7 minutes by:
9/27/2017
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,440
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Fighting the accusations can be done in multiples ways. You can simply present evidence before the NJP and count on the commander to take that into consideration or you can demand trial by court marital. Both have their good and bad qualities.

Fighting before an NJP is an exercise in trust. You have to trust a commander to take into consideration your defense fairly and base any punishment, if any, on the merit of that defense. That's really the downside of accepting NJP. The upside is that you limit the possible punishment against you and guarantee that you will have no conviction on your record.

Demanding trial by court martial gives you many more rights. You have the right to representation, trial by jury and the rules of evidence suddenly apply. There is a burden of proof that has to be met against you. That's the upside. The downside is that you are now subject to the punishments under court martial, much more severe than NJP. Furthermore, if you are found guilty of any of it, that is a federal conviction and your permanent record.

So, as for fighting the matter, unless you have a legal defense to every single one of the allegations against you, it is a terrible risk demanding trial by court martial. While you might win on some of the issues, a federal conviction for any one of the allegations is worse than being found liable for all of them under an NJP (because the punishment is capped).

From your own facts, you admit that you were late to work the next day. At the very least, you have an Article 86 offense based on that alone and demanding court martial would result in a guaranteed federal conviction for that all by itself. On that basis, I don't see it as a smart move to refuse the NJP and demand trial by court martial.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Military Law Question
Customer reply replied 8 months ago
I understand that there are more grave consequences to demanding a court martial than to accepting an NJP, but I feel as if I could possibly fight it then I would. I definitely don’t want to get another NJP, but I definitely don’t want to have a federal conviction on my record. I have not seen the evidence placed against me, and I do not know what evidence there is that can be used against me. I was late, yes, but I feel that Article 86 is very extreme for being late because a service member who can go UA for 29 days, would still get the same charges as I would.
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

While I understand that you feel it is extreme, Article 86 is meant for all levels of being absent, to include being slightly late.

So I wouldn't count on that being a help here. It is still a violation of Article 86. Now, at court martial it wouldn't amount to much in terms of punishment. I think you are right there. However, it would still be a federal conviction.

Ask Your Own Military Law Question
Military Lawyer: Allen M., Esq., Lawyer replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 20,440
20,440 Satisfied Customers
Experience: Lawyer and current JAG officer.

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

20,440 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
How to know what people see when try make a background
How to know what people see when try make a background check? Do twenty year military violations for only military offence come into play for government employees who have consistently high performing… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I fraternized with an enlisted while deployed as a captain
I fraternized with an enlisted while deployed as a captain and was married at the time, all about 1.5 yr ago. Im still married and worked through this with my husband. NOW the guy has PCS to my base, … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am currently a drilling reservist with the XX XXXXX
I am currently a drilling reservist with the XX XXX XXXXX Reserves, and have had an intimate relationship with a USAF active duty officer for the past 4 years. We have lived together, and are contempl… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,440 satisfied customers
Mr Simmons, I am just dealing with a specific issue regarding
Mr Simmons, I am just dealing with a specific issue regarding an accusation of wrongful conduct against my girlfriend who is on active duty… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am due to get a 6105 for being UA to duty even though I was
I am due to get a 6105 for being UA to duty even though I was not properly notified of the duty change. Up to this point I have only one negative counseling dating Febuary of last year, however it was… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I have a sailor who completed SARP inpatient over a year ago
I have a sailor who completed SARP inpatient over a year ago and completed all of his aftercare. Shortly after his aftercare was complete he wound up going to the hospital after being found passed out… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
20,440 satisfied customers
How does one prove an unprofessional/inappropriate relationship?
How does one prove an unprofessional/inappropriate relationship? I have phone records that show many phone calls between an officer & enlisted and also a married enlisted with another enlisted. Some c… read more
US_JAG
US_JAG
Attorney
Doctoral Degree
57 satisfied customers
Hello, I have an odd ball question, I am currently in the
Hello, I have an odd ball question, I am currently in the Coast Guard Reserve and one of our members when to jail for evading arrest while not on IDT or ADT. The member stated that some friends were g… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
my son is 20yr old. at Pensacola fl. he was arrested for underage
my son is 20yr old. at Pensacola fl. he was arrested for underage drinking.he got in a fight, trying to defend a friend. He returned to base and told his chief what happened...anyway, he was given njp… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I sent a sexually eplicit e-mail to a subordinate. I am an
I sent a sexually eplicit e-mail to a subordinate. I am an e-7 with 18 yrs/9mos. she is an e-5.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
Ive been charged with drunken driving with a BAC of .1. I
I've been charged with drunken driving with a BAC of .1. I was detained by the German police and turned over to the MPs. I'm told I will face an "administrative fine" from the German authorities, as w… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I got a civilian DUI last year around May 2012. I informed
I got a civilian DUI last year around May 2012. I informed my command and they tried to proceed with an NJP. However, I got myself a lawyer and tried to fight the civilian DUI which put the NJP on hol… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I am a new 2LT, prior enlisted Senior Airman. I recently met
I am a new 2LT, prior enlisted Senior Airman. I recently met up with an enlisted friend (from my enlisted days) for a festival and he was with a group of guys. I met one of his friends and we we are s… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My wife had an emotional relationship with another military
My wife had an "emotional" relationship with another military member who is junior to her while i was deployed last year. I do have proof of many phone converstations, sending picture mail back and fo… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
what is the process for admin sep i am a ssgt with over 15
what is the process for admin sep i am a ssgt with over 15 years in and i am getting njp for the 3rd time in 6 months for minor mistakes what are my chances if it goes to an admin sep board… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I was awarded NJP on June 4th of this year for UCMJ violations
I was awarded NJP on June 4th of this year for UCMJ violations of articles 89, 117, 128 and 134. I was awarded 45 days restriction w/ extra duties, reduction in rank (suspended for 6 months) and forfe… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
how well does adultry hold up when it he said meaning the hsband
how well does adultry hold up when it he said meaning the hsband and she said the wife that her and another person were attempting adultry… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I went to NJP today and am thinking about submitting an appeal.
I went to NJP today and am thinking about submitting an appeal. I was charged with article 86-Unauthorized absence. I was late to work ten times in 6 months. On average, I was no more than 30 minutes … read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x