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I'm desperately trying to get an idea what to do to help my…

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I'm desperately trying to...

I'm desperately trying to get an idea what to do to help my grandson who is full time army. Quick explanation: he's married, wife is pregnant, she left, filed for divorce, he was just informed she had file sexual assault charges against him. She had also contacted his commander months ago and stated he was suicidal and he was admitted to the hospital on base for observation and released shortly thereafter, she made another claim and he was placed on restriction and couldn't leave the base, now she's filed charges against him and he is under investigation again. Baby is due in 2 months, he is beside himself, young, just turned 21. What should he do? Should he hire private attorney or use military attorney?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

He is stationed in Colorado Springs, she is in Arkansas.

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

Did not know if that would be appropriate.

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

No, thank you.

Submitted: 2 months ago.Category: Military Law
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Customer reply replied 2 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 2 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 24 minutes by:
5/1/2018
Military Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Military Law
Satisfied Customers: 866
Experience: Attorney/Member in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

There are two potential avenues here that he needs to consider. The family law/marriage issues and secondly, the ramifications of any military action.

If there are criminal charges in the military, he will be afforded an attorney. However, the military attorneys do not represent service members in the civilian courts.

I am also happy to speak via phone about this.

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Customer reply replied 2 months ago
Would it be appropriate to place a call to his commanding officer? Would they even speak to a family member?
Military Lawyer: Sean K, Lawyer replied 2 months ago

In that case, it never hurts, but there is no obligation for them to speak to family members. As well, if the matter has been referred to the Army's CID (Criminal Investigation Division) the command may not know anything beyond what you have conveyed.

The real assistance he needs it to be prepared if CID questions him and to make sure that his rights are protected in any action by the Army and as it relates to his marriage and the baby on the way.

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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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