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My son is in Florida (Panama City) in EOD school and may be…

Customer Question
My son is in...

My son is in Florida (Panama City) in EOD school and may be headed to a Captains Mast for seemingly ridiculous charges of disrespecting a superior. He did not address the Master Chief properly. He has been advised to look at either a civilian Lawyer or JAG to defend him

Lawyer's Assistant: Has anything been officially filed?

Just at a DRB .. he is meeting with the Executive Officer tomorrow for a hearing which may or may not lead to a Captains Mast

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

I have not.

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

Just that he needs to know his rights... also he is concerned even if he is reinstated into the program it will be difficult for him to remain since it is a small community and he is worried about being targeted He feels he has been unfairly targeted by some trainers (which can be corroborated by officers and enlisted in his class) during training

Submitted: 3 months ago.Category: Military Law
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Answered in 3 minutes by:
1/10/2018
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,620
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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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 3 months ago

I am sorry for this dilemma. But not sure I understand your specific question. It's very hard for us to answer a question like "what are my rights" and provide you with helpful information. I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

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Customer reply replied 3 months ago
My son is in Panama City Florida. He may be recommend to a Captain's Mast . Is it best to have a civilian Lawyer for representation or a JAG? If a civilian lawyer is recommended how to I find the best/most experienced lawyer to represent him in Panama City?
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Representation at Captains Mast??

What?

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

There is no right to counsel at Mast...

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

You would be wasting time hiring a lawyer for Mast...though it MAY be a good idea to hire one to evaluate the case...

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Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

Is your son attached to a ship?

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Customer reply replied 3 months ago
no he is in EOD/ dive school in Panama City
Customer reply replied 3 months ago
no he is in EOD/Dive School in Panama City
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

THanks

He can not bring a lawyer into Mast.
Now...in my opinion, you ONLY accept Mast if you are going to plea guilty.

I have seen hundreds (literally) NJP's...never in my career have I have seen someone found not guilty.
So I tell folks, if your going to Mast? You plea guilty.
Period.

IF he is not guilty??

He should refuse Mast.

Period.

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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Customer reply replied 3 months ago
I'm a bit confused. He was told/asked after the DRB if he wanted a civilian or military lawyer to represent him.
Military Lawyer: P. Simmons, Military Lawyer replied 3 months ago

DRB is not MAST...it is a speedbump on the road to Mast. He can NOT bring a lawyer to Mast.

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 36,620
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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