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I was just told that my command has opened an inquiry on…

I was just told...

I was just told that my command has opened an inquiry on myself on suspicion of adultery. I requested a lawyer before making any statements. What will happen next?

Lawyer's Assistant: Are you overseas or stateside?

Overseas

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

Only the other party accused and the Legal officer who approached me

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

No Okay

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Answered in 3 hours by:
3/11/2018
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,504
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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I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "what will happen"? What is it you are trying to understand?

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Customer reply replied 4 months ago
I'm just curious what is going on during the inquiry and then once that ends what usually happens.

Depends on the results of the investigation. IF they find evidence that supports the allegations? Typically they will take disciplinary action. This could be non judicial punishment (NJP) under Art 15 of the UCMJ. OR it could be a court martial.

If there is no evidence to support the allegations? They will close the investigation and life goes on (no action)

It all depends on what evidence they find.

It is good to understand that at some point they are going to want to interview you...best thing for you to do is invoke your right to remain silent...NEVER a good idea to give a statement ifyou are a suspect.

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.

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,504
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified
P. Simmons and 87 other Military Law Specialists are ready to help you
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Customer reply replied 4 months ago
I have one more question. I know that in order to prove that a service member committed adultery there are three elements that have to be met. If all of the elements are not met then is the command still able to take me to NJP? All the command could possibly have is a text message of me saying "I love you" to the other party accused.
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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.

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