Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > GOVERNMENT & ADMINISTRATIVE LAW > Military Law

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-02-2007, 08:58 AM
Junior Member
 
Join Date: Oct 2007
Posts: 6

please some one help us


What is the name of your state? kentucky

my friend was caught switch discount tag at PX on post. it was $90 dollors worth.and now he is looking at theft by deception. she is so cared right now. we went to JAG but right they don't have any info for us as far as what is going to happen. we just know that this case will be handled by civilian at kentucky. i know what she did is wrong but she has always been good and never got in any kind of trouble. so can any one please give us some advice. we want know at civilian side what is she looking at and the military side also. and her 1sg was mentioned something about UCMJ is that means she is going to go to court marshal? is she gong to jail? she is just frighted now. so please some one help us. we will appreciate all the advice from anyone and we will always pray for you.
  #2  
Old 10-02-2007, 09:10 AM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986
She should be scared! So I understand your post, she was caught switching price tag in a PX on an Army Base? If so,
how did the Civilian Police get involved? What will happen depends on many factors, and it is good she has JAG for counsel.
  #3  
Old 10-02-2007, 04:27 PM
Junior Member
 
Join Date: Oct 2007
Posts: 6
yes it happen on post, the military police arrested her. but she is going to a civilian court. you say it depends on so many factors can you tell me what are they? and is military and civilian side gonna charge her for the same thing and same time?

Last edited by chun; 10-02-2007 at 04:30 PM.
  #4  
Old 10-02-2007, 04:37 PM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986
Quote:
Originally Posted by chun View Post
yes it happen on post, the military police arrested her. but she is going to a civilian court. you say it depends on so many factors can you tell me what are they? and is military and civilian side gonna charge her for the same thing and same time?
From you original post, you state she is in the Army correct? I do not know nor
understand why the Civilian Police are involved? I can call the Base and find out
why. As far as you wanting more answers to the many factors; until I find as
to why the Civilian Police are involved, it is way premature to address these
factors. Is Fort Knox where this occurred at?
__________________
Quote:
Ecc 7:1 A good name [is] better than precious ointment; and the day of death than the day of one's birth.

"There are two letter[s] in the word of [Life] that, in part gives direct meaning to it, "IF."" By /SL/ aka., April 23, 2008

Only by cutting through the darkness of ignorance, and prejudice can we achieve true justice; and
to all those who corrupt the search for truth be warned, the "Sword of Justice" cuts both ways!
  #5  
Old 10-02-2007, 06:10 PM
Senior Member
 
Join Date: Sep 2005
Location: O~HI~O
Posts: 1,986
Apparently the Army has leased the PX out to Civilians. So, she will be facing
Civilian Charge[s] and it is up to her CO whither or not he or she will bring
charges against her under the UCMJ.

Some factors: Her length of time served to date; has she been deployed out
of the US; has she any negative infractions to date.
  #6  
Old 10-03-2007, 12:24 AM
Junior Member
 
Join Date: Oct 2007
Posts: 6
it happened at fort campbell. she is going to the Magistrate court on post. she has always been good never had any issue not even a bad counseling. the hole chain of command was supprised that she did stupid thing like that. honestly she only been in the us for 4 years. she really wasn't trying to steal anything. she know it is wrong when she did it but she don't know it is just as bad as stealing things out of store even she paid it. she is willing to take whatever punishments comes down but i really think she is a good solider and she deserve a fair punishment and a second chance. so can you give us some tips as far as preparing for the court and the charges from the chain of the command? is there any civilian military attorney close to post we can talk to?

we appreciate for your advice and we will pray for you forever.

Last edited by chun; 10-03-2007 at 12:32 AM.
  #7  
Old 10-03-2007, 01:40 AM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 604
The Court will impose a civil penalty on her.

Her commander will prosecute via NJP... Loss of rank, loss of pay, and 14 days extra duty.



She knows better... Privates make more than enough money these days (actually twice the bas pay when I was a private 13 years ago).
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #8  
Old 10-03-2007, 06:53 AM
Junior Member
 
Join Date: Oct 2007
Posts: 6
if her command give her a NJP isn't it double judged her? and what if she is a sgt? will they charge her much more serious?
  #9  
Old 10-03-2007, 08:27 AM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 604
It is NOT double jeopardy.

One is for a civil penalty (fines, fees, trespass warning, etc). One is for punishment.

Yes, an E-5 will be handled more severely than an E-4. Plan for a Field Grade Article 15... Lose more rank (2 vs. 1), lose more pay (1/2 month for 2 months, rather than one month), and do more extra duty (45 days, rather than 14).



How anyone can think they will get away with anything at the PX is beyond me... They have one of the most sophisticated loss prevention systems in the world.

AAFES. Catching fools in the act since 1895.
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #10  
Old 10-03-2007, 08:56 AM
Junior Member
 
Join Date: Oct 2007
Posts: 6
so if she got a field grade will they chapter her out?
  #11  
Old 10-03-2007, 09:59 AM
Member
 
Join Date: Jun 2005
Location: Back from Iraq
Posts: 604
No. She will be retained (provided there is nothing else to add, like more charges).
__________________
Just some schmuck with a truck... And a high I.Q.

"A young man who does not have what it takes to perform military service is not likely to have what it takes to make a living." - John F. Kennedy

I do not help deserters...

Quote:
Originally Posted by IsabellaSoriano View Post
that's like saying robbing a doughnut shop is entrapment.
  #12  
Old 10-04-2007, 06:59 AM
Junior Member
 
Join Date: Oct 2007
Posts: 6
thank you very much for all your advice she know she is wrong and i know she will never do it again. we appreciate all your help and well will pray for you forever.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:45 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.