Article 32 Question

[bb4527]

What is the name of your state? WA


In a situation when an active-duty service member is charged with an offense and sent to an Article 32 hearing under the UCMJ, and the charges are consequently dismissed, then is that service member subject to prosecution for the same alleged crime after separating from the military in the local civilian criminal court? Thank you for any help.

[fozzy2]

Yes. As a "seperate sovereign" the civilian court can do pretty much whatever it wishes without regard to the military's decisions. The military might decide to not prosecute, but if the civilian authorities can establish jurisdiction they can go ahead with prosecution if they wish.