Son wrongly accused-Any advice appreciated!!!!

Comment

Comment by NavyDads Co-Admin, Gary on September 10, 2013 at 11:48pm

To be placed on a restriction, wouldn't the parties involved already have gone through Captain's Mast NJP as a result of the findings? Just asking...

Comment by Sammy Young on September 10, 2013 at 11:11pm

If your son is placed on report for violating the Uniform Code of Military Justice (UCMJ) (except cases of murder or other felonies) he will receive an Article 32 hearing (better known as "Captain's Mast"). At this hearing, his Commanding Officer will review all facts and hear from the witnesses, associated parties (including your son), and his leadership chain. As the Commanding Officer is first and foremost responsible for "maintaining and keeping good order and discipline" on his/her ship or unit, he/she will then decide if your son has violated the UCMJ, and if so, discipline him as the UCMJ also prescribes. Notice I did not say "guilty" or "not guilty"- that is because this is NOT a court of law. And as such, your son may consult JAG, but they will not get involved because this is between your son and his Commanding Officer.  JAG does not get involved unless your son elects to take his chances at a Courts Martial which is more like a typical court as you know it with lawyers, juries, judges, etc. So, obtaining or retaining a civilian lawyer is a waste of time and money because he/she would have no jurisdiction at a "Captain's Mast" because as I stated before, Captain's Mast is strictly between the sailor and his Skipper.

BUT, if your son opts for a Courts Martial, he then will get free legal counsel from the Navy JAG and a private lawyer can be consulted or retained at his expense, but be 100% certain that the lawyer is a specialist in the UCMJ because it is totally different than Civil Laws as you know them. And for what it's worth, it's not a good idea to take this to Courts Martial if he can avoid it because if he looses, he can be sentenced to a Military prison and then kicked-out of the Navy with an Dishonorable Discharge.  The harshest thing his CO can do is kick him out of the Navy with an Dishonorable Discharge with no prison time. Something to chew on...

Comment by Nicholas Casamento on September 9, 2013 at 3:26pm

Adding to my last comment, your son, if charged would be entitled to have a Navy defense lawyer.(JAG Officer)

Comment by Nicholas Casamento on September 9, 2013 at 3:22pm

I would contact the local Bar Association closest to your sons base and see if they can refer you to some would with experience in military law.