Hopefully you guys can shed some light on this
02-11-2006, 12:45 AM
#1
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Hopefully you guys can shed some light on this ok, my sisters boyfriend got beat up by some asian guy at a local champions and was arrested shortly after. now heres the kicker, come to find out, the military got him out on bond? since when the **** did the military get **** ups like that off the hook for something like that? i mean the guy did nothing to provoke it and yet this dumb *** fawker procedes to sucker punch him thm stomp on his head...yes literally stomp and the ****** GOVERNMENT gets him out of it..WTF? it makes me sick that there are ******** like this in the military that think they are the **** and get out of a get out of jail free card for something that could have easily killed the guy...
02-11-2006, 02:46 AM
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I don't know the situation and I am not a part of JAG but I can tell you this guy doesn't have a get out of jail free card. more then likely they took him to a military jail cell on post. let us know how it all goes down.
02-11-2006, 04:50 AM
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Just because the military got him out of a civilian jail doesn't mean he got away with anything. He may be in a military jail. Regardless, he still has to appear for any civilian court action against him plus the military will also charge him for his actions off base and prosecute him too. He has to face two courts and two punishments. Also, his military career is over. Probably get a bad conduct discharge after his military punishment has been fulfilled. Don't get mad at the military. They hold their people to a much higher standard than civilians.
02-11-2006, 07:36 AM
#4
OK, here's the deal. He was most likely released on his own recognisance back to his unit. This can only be done if the unit commander or representative appears with the the service member or show up at the police dept to get him released. I guarantee his unit Commander was there.
Also, he will not get off scott free. He will still be charged by the local authorities or if the chain of command requests that they serve the punishment and the judge allows it, he will receive punishment by UCMJ. But most likely the local judicial system will handle it and the soldier will be charged and pay to the civil court and if jail time is due, the military will put the soldier on a "no-pay" leave. He will also then have a permanent record in the civil authority records. If he has any type of secret clearnce or high profile job he will no longer be able to work in it and will never be eligible for a clearance.
The reason why he was out of jail, is due to the military and local PD usually have an agreement and the military will TRY not allow a member to stay in jail. (But there are times we let them rot in jail for a few days.) Due to, even if he's in jail for a weekend, he's still getting paid...to say. So we get him out, bring him back and begin proceedings to prosecute.
But in no way, shape or form is getting off of this charge.
Now, this comes from the 5 JAG lawyers working in the cubicle right beside me.
And if you want my personal thoughts, I would go back and whoop his ***. But that's just me. Instead of him getting in the sucker punch, let him know you are going to whoop his *** and commence a training session on him.
EDIT: and if I were his Supervisor, he'd be the bacon and I'm the fire. Cause I would fry his ***. There is no call for any soldier to do that. If he was hit first, then that's self defense. but to swing first...that's his ***!!!
Also, he will not get off scott free. He will still be charged by the local authorities or if the chain of command requests that they serve the punishment and the judge allows it, he will receive punishment by UCMJ. But most likely the local judicial system will handle it and the soldier will be charged and pay to the civil court and if jail time is due, the military will put the soldier on a "no-pay" leave. He will also then have a permanent record in the civil authority records. If he has any type of secret clearnce or high profile job he will no longer be able to work in it and will never be eligible for a clearance.
The reason why he was out of jail, is due to the military and local PD usually have an agreement and the military will TRY not allow a member to stay in jail. (But there are times we let them rot in jail for a few days.) Due to, even if he's in jail for a weekend, he's still getting paid...to say. So we get him out, bring him back and begin proceedings to prosecute.
But in no way, shape or form is getting off of this charge.
Now, this comes from the 5 JAG lawyers working in the cubicle right beside me.
And if you want my personal thoughts, I would go back and whoop his ***. But that's just me. Instead of him getting in the sucker punch, let him know you are going to whoop his *** and commence a training session on him.
EDIT: and if I were his Supervisor, he'd be the bacon and I'm the fire. Cause I would fry his ***. There is no call for any soldier to do that. If he was hit first, then that's self defense. but to swing first...that's his ***!!!
Last edited by SAPPER; 02-11-2006 at 07:41 AM.
02-11-2006, 03:12 PM
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Originally Posted by SAPPER
OK, here's the deal. He was most likely released on his own recognisance back to his unit. This can only be done if the unit commander or representative appears with the the service member or show up at the police dept to get him released. I guarantee his unit Commander was there.
Also, he will not get off scott free. He will still be charged by the local authorities or if the chain of command requests that they serve the punishment and the judge allows it, he will receive punishment by UCMJ. But most likely the local judicial system will handle it and the soldier will be charged and pay to the civil court and if jail time is due, the military will put the soldier on a "no-pay" leave. He will also then have a permanent record in the civil authority records. If he has any type of secret clearnce or high profile job he will no longer be able to work in it and will never be eligible for a clearance.
The reason why he was out of jail, is due to the military and local PD usually have an agreement and the military will TRY not allow a member to stay in jail. (But there are times we let them rot in jail for a few days.) Due to, even if he's in jail for a weekend, he's still getting paid...to say. So we get him out, bring him back and begin proceedings to prosecute.
But in no way, shape or form is getting off of this charge.
Now, this comes from the 5 JAG lawyers working in the cubicle right beside me.
And if you want my personal thoughts, I would go back and whoop his ***. But that's just me. Instead of him getting in the sucker punch, let him know you are going to whoop his *** and commence a training session on him.
EDIT: and if I were his Supervisor, he'd be the bacon and I'm the fire. Cause I would fry his ***. There is no call for any soldier to do that. If he was hit first, then that's self defense. but to swing first...that's his ***!!!
Also, he will not get off scott free. He will still be charged by the local authorities or if the chain of command requests that they serve the punishment and the judge allows it, he will receive punishment by UCMJ. But most likely the local judicial system will handle it and the soldier will be charged and pay to the civil court and if jail time is due, the military will put the soldier on a "no-pay" leave. He will also then have a permanent record in the civil authority records. If he has any type of secret clearnce or high profile job he will no longer be able to work in it and will never be eligible for a clearance.
The reason why he was out of jail, is due to the military and local PD usually have an agreement and the military will TRY not allow a member to stay in jail. (But there are times we let them rot in jail for a few days.) Due to, even if he's in jail for a weekend, he's still getting paid...to say. So we get him out, bring him back and begin proceedings to prosecute.
But in no way, shape or form is getting off of this charge.
Now, this comes from the 5 JAG lawyers working in the cubicle right beside me.
And if you want my personal thoughts, I would go back and whoop his ***. But that's just me. Instead of him getting in the sucker punch, let him know you are going to whoop his *** and commence a training session on him.
EDIT: and if I were his Supervisor, he'd be the bacon and I'm the fire. Cause I would fry his ***. There is no call for any soldier to do that. If he was hit first, then that's self defense. but to swing first...that's his ***!!!
02-12-2006, 12:31 AM
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Originally Posted by SmokeySS
Sapper, how would the same situation work out if the soldier was a Reservist/Guard?
the soldier would stay in jail with the civilain police. No help there
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02-12-2006, 02:46 AM
#9
Unless he does the damage during a MUTA (Drill weekend), he is considered a Civilian. The unit would not rescue him.
But, you will still face the Penalties on both sides of the fence when your unit finds out. You just don't have a person there waiting to get you out. Unless it was a SEVERE charge like Rape, murder.
But, you will still face the Penalties on both sides of the fence when your unit finds out. You just don't have a person there waiting to get you out. Unless it was a SEVERE charge like Rape, murder.
02-15-2006, 08:10 AM
#11
The military cannot prosecute him due to double jepeordy. Unless he was breaking a General Order. Then he can be prosecuted for disobeying a General Order.
But if he broke a law in civil laws and the same is in the Manual of Courts-martial, he cannot be tried for the same by both.One or the other must prosecute.
But if he broke a law in civil laws and the same is in the Manual of Courts-martial, he cannot be tried for the same by both.One or the other must prosecute.
02-17-2006, 12:25 AM
#12
Also remember there are three sides to every story...my side, your side and the truth. Never believe that you saw or were told the whole truth. I hope it is resolved as best as is possible for all involved.
Galen
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02-19-2006, 10:24 AM
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Ill just back up whats been said with this, the authorities would have notified the personel's command. They would have held him until the mp's came and retrieved him. Any criminal prosecution would have been turned over to JAG most likely if it was a felony. Or would have been handled in house with a NJP which would encompass numerous punishments (reduction in rank, withholding of pay and allowances, confinement to the brig, etc etc. There are units within the military which take **** ups give them hard labor for an extended period of time to try and rehabilitate them.) Those are the options just short of incarceration followed by dishonorable discharge.
As far as reserve, for the most part, your on your own. However civil cases can bite your *** there too. (I.E. DWI etc etc) I know personally guys at my unit who have recieved dwi's and taken **** for it, (NJP) Even know of a case where 2 people died, though that wasnt the marines fault. The civilian world says "Marine, alcohol in his blood it was his fault." He was hit at a stop light, while his car was stopped. A young married couple died, they had been drinking, but he takes the blame because he was underage and lived.
Bottom line,no he doesnt get off like you think, the military OWN's you and they will get theirs, believe me.
As far as reserve, for the most part, your on your own. However civil cases can bite your *** there too. (I.E. DWI etc etc) I know personally guys at my unit who have recieved dwi's and taken **** for it, (NJP) Even know of a case where 2 people died, though that wasnt the marines fault. The civilian world says "Marine, alcohol in his blood it was his fault." He was hit at a stop light, while his car was stopped. A young married couple died, they had been drinking, but he takes the blame because he was underage and lived.
Bottom line,no he doesnt get off like you think, the military OWN's you and they will get theirs, believe me.
