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I am being charged for allegations of assault on my wife.

I am being charged...

I am being charged for allegations of sexual assault on my wife. She is not cooperating with the investigation but she made an excited utterance to the police and they have Facebook messages to her friend who called the police. Does the prosecution have a case against me?

Lawyer's Assistant: Do you have any upcoming court dates on the sexual assault charges?

No

Lawyer's Assistant: In what state did this occur?

CA

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

Military investigation

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Answered in 4 minutes by:
3/28/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,121
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.

(The system will automatically generate a phone call request to you. I intend to just use this chat format as I am not accepting phone calls at this time).

Without the complaining witness, it is very difficult to make a case work like this. You have the legal right to confront witnesses against you, and so without her being on the stand testifying, there is no cross examination and so there is no ability to confront the witness against you.

For that reason, I would expect that no court martial is convened. It is possible that the command will instead move to a discharge board, if they feel strongly about the matter. Administrative discharges don't have the same Constitutional right to confront witnesses against you. Even still, boards want a witness.

Typically, I recommend that no action be taken when the complaining witness will not testify (I prosecute sexual assault cases).

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 23 days ago
Thank you

Take care. Please rate my service before you go.

Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,121
Experience: Lawyer and current JAG officer.
Verified
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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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