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I was accused insulting a higher ranking ncoic and police…

Customer Question
I was accused insulting...

I was accused insulting a higher ranking ncoic and police report was taken but charges were dropped at scene.Due to apologizing to higher ranking ncos .

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes I have spoken with first sergeant and flight chief.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Even though charges were dropped while police were present. What could possibly happen to me

Submitted: 4 months ago.Category: Military Law
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Answered in 4 hours by:
11/30/2017
Military Lawyer: Marsha411JD, Lawyer replied 4 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,751
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified

Hello,

Thank you for your post, however, I am unclear about the specific facts of your case. What "police" are you talking about? Base or Command investigators or security, or what? Was just a verbal exchange and if so, why would "police" be involved? What do you mean by "charges" when you say they were dropped and who specifically "dropped" them? Has your Command counseled you or made any other statements about this situation? What is your rank and service?

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Customer reply replied 4 months ago
I was on a military base going for a jog near a fitness park on base while being there , there were a group of army soldiers having a squadron fitness session . When I jog I normally giving myself harsh "pep talk" to encourage me to continue jogging. One of the soldiers overheard me and assumed that I was talking directly to the soldier. The soldier complained about my encouraging words to the higher ranking Non Commissioned Officers that were present . Afterwards , the officers that were hearing the soldiers complaint decided to call the military police about me. I was stopped by the officers to explain what happen they informed me that the military were on there way to arrest me . The officers claimed that I verbally assaulted the soldier with harmful words and the soldier was willing to press charges whenever the military police showed up. I explained to them that I was sorry and I did not verbally insult the soldier during fitness training that I was encouraging myself to keep jogging. The military police made it to the scene listen to both parties and afterwards the soldier came to a conclusion to drop the charges of assault on my behalf . However , the soldier only wanted was an apology from myself. I apologized to the soldier and the military police confirmed charges were dropped while gathering both parties information. Later on that day, my flight chief of my unit calls me to ask if I was involved in an incident that happened earlier on base that day . Due to receiving a phone call from the military police squadron . I would like to know what could possibly happen at this point , after my flight chief whom is in my chain of command receives bad news about myself being involved in an incident on base?
Military Lawyer: Marsha411JD, Lawyer replied 4 months ago

Hello again and thank you for the additional information. I apologize for not getting back to you sooner, however, I was out of my office much of he morning. In any event, it is important to understand that an alleged "victim" or "target" of alleged wrongdoing cannot "drop" charges. This is the same both in the military and in civil***** *****fe.

In the military, it is up to the Commanding Officer whether or not any alleged wrongdoing under the UCMJ will be disciplined. Although it might make a difference to the CO how the person who was on the receiving end of alleged misconduct feels about the issue or perceives it, that isn't decisive.

What is decisive is all of the evidence related to the event leading to an investigation of misconduct and all the witnesses and involved parties input. So, depending on what is being alleged here as misconduct, which I would have no way of knowing since I don't have any real facts, especially those in possession of the Government, your Command might not take any action at all, might counsel you, or might take disciplinary action by way of an Article 15 or a court-martial (the latter is highly unlikely based on the outline of facts you gave me.)

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to let me know that I covered your question by replying to this answer and also to leave a positive rating of my efforts to discuss the issue you raised, then the Site will give me credit for assisting you today. Thank you

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Military Lawyer: Marsha411JD, Lawyer replied 4 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 30th. 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:http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 4 months ago
The lawyer that accepted me was very nice and knowledgeable about her experience with law in the military
Military Lawyer: Marsha411JD, Lawyer replied 4 months ago

Thank you for the comments. If you see the pop up box that should have either stars or happy faces showing 5 choices, if you could click on the 4 or 5, the Site will compensate me. Best to you.

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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).

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