Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 6 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 4 hours by:
11/30/2017
Military Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,877
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?

Ask Your Own Military Law Question
Customer reply replied 6 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 6 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

Ask Your Own Military Law Question
Military Lawyer: Marsha411JD, Lawyer replied 6 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.

Ask Your Own Military Law Question
Customer reply replied 6 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 6 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.

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 Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,877
20,877 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD 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

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,877 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
My husband is in the Navy. He just graduated boot camp 5/18,
My husband is in the Navy. He just graduated boot camp 5/18, this past Monday, him and roommates were cleaning out barracks, roommate left his debit card on the shared nightstand table, right next to … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am currently in the AF reserves and went through my chain
Good morning. I am currently in the AF reserves and went through my chain of command to get transfered back to the inactive reserves for financial reasons, but i was informed that our current commande… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I understand that leave is a privilege not an entitlement
I understand that leave is a privilege not an entitlement but can the COC deny it solely because I am pending an investigation due to a DWI (which got dropped in town) … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
If there was an intoxicated NCO giving me commands to go to
Hello. If there was an intoxicated NCO giving me commands to go to my room are they valid? This occurred on a Friday night, he was not in uniform, and he is the barracks NCO. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was looking for information about some events that
Hello. I was looking for information about some events that happened while I was in the service a few months ago. I'm unsure if this would be the place to find it. … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Is there any ucmj article that governs NCOs slandering airmen
Is there any ucmj article that governs NCOs slandering airmen or lower ranks? There is a case of an nco who has been slandering my name and putting a bad taste in people's mouth about me for the past … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Hi, my name is XXXXX XXXXX I am a Sergeant in the USMC. I have
Hi, my name is XXXXX XXXXX I am a Sergeant in the USMC. I have just been read my rights for a article 91 violation. The facts of what I said will not be in question but there are complicated extenuati… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
are there any UCMJ possible punishments for soldiers that can
are there any UCMJ possible punishments for soldiers that can be proven to have told lies about or slander the name of an NCO.… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I had put in leave a month ahead of time and my ncoic havent
I had put in leave a month ahead of time and my ncoic haven't inform me whether is approved or not and I did not receive a signed leave form. However, when I put in leave previously I was given an oka… read more
Marsha411JD
Marsha411JD
Lawyer
20,877 satisfied customers
What should I do if i am being accused of sexual harrassment
What should I do if i am being accused of sexual harrassment and I didn't actually do it, and I believe its because the personell accusing me of this are doing it because they believe I am a lesbian?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I was Charged with a Aiding + Betting DWI - I was in the
I was Charged with a Aiding + Betting DWI - I was in the passenger seat Passed out on a blackout. But the police still charged me with aiding + Betting DWI. This incident was taken off base and the wa… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
my NCO insult me, smoked me and gave me counseling statement
my NCO insult me, smoked me and gave me counseling statement at the same time, can i sue him?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
If I am a air force reserve deper and I outprocessed but did
If I am a air force reserve "deper" delayed entry program and I outprocessed to go to basic military training but did not board the civilian airplane "BMT" can I be court marshaled for being an "awol"… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
i am being recomended for a field grade article 15 max punishment,
i am being recomended for a field grade article 15 max punishment, i was in my room asleep and a e-5, cpl and a spc wa;ked in to my room while i was still in my bed they were all laughing say how it s… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
i reported a soldier that is having an affair with my spouse,
i reported a soldier that is having an affair with my spouse, i even report it to the IG but seems like nothing is happening.… read more
PhilCave
PhilCave
Attorney
Post-Doctoral Degree
1,069 satisfied customers
I received a DUI this past weekend. It was my second DUI.
I received a DUI this past weekend. It was my second DUI. The first one was 3 1/2 years ago. I am in the Army National Guard. The court date has been set for January 21, 2010. I am scheduled to report… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am a sergeant, I have been dating a specialist in my unit
I am a sergeant, I have been dating a specialist in my unit for 6 months. Pretty much since we got back from Korea. Roughly five months ago I was assinged to a platoon sergeant position. We have been … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Im in afghanistan. I am a Sergeant. We were breaking down
Im in afghanistan. I am a Sergeant. We were 'breaking down" some 60mm mortar rounds. I moved the rounds into ths shade to prevent any "cook offs. There was a smoking section nearby. Nobody was smoking… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 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