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  #1  
Old 04-16-2006, 10:09 PM
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Join Date: Jan 2006
Posts: 26

Credit for time served


What is the name of your state? VA
Can time served in the brig be used as a "credit" for time served if jail time is ordered in a civilian court case decision? I've been given conflicting info. on this.
One answer I was given is that a servicemember is under UCMJ 24/7 so any charges are to be handled by them and that civilian courts pressing charges would possibly be considered "double jeopardy."
  #2  
Old 04-16-2006, 11:47 PM
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Join Date: Mar 2005
Posts: 652
Generally speaking, time served under sentence from a military court will not count as "time served" for civilian sentencing purposes, unless the civilian sentencing judge explicitly takes it into account for some reason. In addition, you can often be charged by "separate sovereigns" for the same crime (i.e. federal and state charges), or you might be charged with some "uniquely military" component of a civilian crime. In either case double jeapordy does not apply. It can be a complicated set of rules to interpret, however, so asking your lawyer is strongly advised. Not only that, but you might have to fight a civil suit over the same matters as well.
  #3  
Old 04-17-2006, 12:10 AM
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Join Date: Jan 2006
Posts: 26

Very complicated


Thanks so much for the advice. I want to give more specifics on the situation.
The charge was "absconding from probation" following a DUI charge. My husband was ordered to go to VASAP, but was advised that the military has their own specific program and he could take this program instead of VASAP. He completed the entire course and we have the papers showing this.
Unfortunately, he was being held as a pre-trial detainee in military custody on his civilian court date and was advised his command would have to approve a temporary release, and they wouldn't do so.
So, because the military told him their program was acceptable and prevented him from attending his court case, I was hoping this could be used to argue that his time served was related to the military and he could hopefully get credit if any jail time is given?
His court appointed lawyer is a JOKE and has not been helpful at all and barely returns phone calls..so any help would be great.
Again, thanks so much!
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