Are the charges REALLY dropped?

[trailerparkmedi]

What is the name of your state? Texas

My husband was charged with accessory to larceny and posession of stolen property while in Iraq. Shortly before returning home he got a paper saying all the charges had been dropped. He's still flagged because everyone in his company is saying that they probably dropped the charges just to charge him again now that he's home. He's been to both division and 3rd Corps legal, and no one can give him a straight answer on if he is going to be charged again or even if he can be charged again.

So, basically, can he be charged with the same stuff (or very similiar stuff) again?

Thanks!

[rmet4nzkx]

Yes he can be charged again now that he is stateside. Have you posted re this when he was in Iraq? This sounds familiar.

[badapple40]

Yes, he can be charged again. Out of curiosity, how much time passed in Iraq between his being charged and when they dropped the charges? And do you know if he had any defense counsel who waived speedy trial time?

There might be a speedy trial defense here.

[trailerparkmedi]

Yes, I did post when he first told me about all this

He was charged in early November, and then they dropped the charges in mid-Feburary. He has yet to actually meet with any counsel--one person from TDS spoke to the four of them in November, but nothing since.

[rmet4nzkx]

Originally Posted by trailerparkmedi

Yes, I did post when he first told me about all this

He was charged in early November, and then they dropped the charges in mid-Feburary. He has yet to actually meet with any counsel--one person from TDS spoke to the four of them in November, but nothing since.

I thought so, was this the one were they broke into the PX, he was the look out and got a DVD player? Why didn't you post on the same thread? [url]http://forum.freeadvice.com/showthread.php?t=211234[/url] Is that your original thread?

[trailerparkmedi]

Yes, that's the original thread. I had no idea where I'd originally posted as that was all done on a computer in Maryland. Not that it matters--I was asking a fairly unrelated question. Though, if I were to follow the advice of everyone on this forum, can he say his PTSD made him do it? </sarcasm>

[rmet4nzkx]

Originally Posted by trailerparkmedi

Yes, that's the original thread. I had no idea where I'd originally posted as that was all done on a computer in Maryland. Not that it matters--I was asking a fairly unrelated question. Though, if I were to follow the advice of everyone on this forum, can he say his PTSD made him do it? </sarcasm>

We needed the whole story to give appropriate advise.
Not if you meant post traumatic stress syndrome, if PTSD is military lingo for PLEANTY THICK $HIT DUMMY, then maybe

[badapple40]

There is a 120 day speedy trial clock. Sounds like they dropped this about 105 days into it. Perhaps they dropped it for the purpose of avoiding the speedy trial limit. If that is the case, then if they retry him, they only have 15 days to get him to trial. If it is a general court martial, they must: have the charges preferred again, conduct and arrange for an article 32 hearing, have the matter detailed to a military judge for a trial date, and begin the trial within 15 days of him getting the charges.

I'm not saying that he won't be charged again -- he might be. I am saying that their sitting on this with charges pending hurts them in their attempts to retry him.

Again, out of curiousity, was he confined before (in Iraq) after he was charged?

[trailerparkmedi]

He was never confined, just reassigned to a different platoon--their reasoning seems to have been that they were short enough, they couldn't have 8 experienced guys (2 tank crews!) just leave right before the elections.

If they do bring charges against him, will his lawyer be able to waive the right to a speedy trial in order to have enough time to prepare the case? It almost sounds like that's what the military is counting on him to do.

He says that the only time he talked to a lawyer was when the one from TDS talked to the entire group--is it possible that they waived the speedy trial right w/o his knowledge? Do the speedy trial rights still stand up during wartime? (Dumb question, but I'm just double-checking)

Is there a time limit on how long they can keep him in limbo like this? He's not even able to go on his 30 day leave, so I can't imagine life will be very good until this is resolved one way or the other.

[trailerparkmedi]

Ok, so the charges were brought again today *sigh* So, thanks for everyone's help, which I've really appreciated, but I think he's actually going to be able to get a lawyer now, and maybe get this damn thing over with.