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Military law vs. civilian law

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T

tappy

Guest
I am an active duty, enlisted member on the USAF. I was recently notified that i am involved in an investigation occuring in property damage. The damage was a number of scratches to an automobile that was parked on base. I was asked to speak with an investigator about the incident, in which he stated that i might be an alias or suspect in the matter. I had gone into speak with him, in which he read me my rights and asked if i wanted a lawyer present. I refused the presence of a lawyer, one because i didn't commit the crime, and two because i refuse to have a military laywer defend me due to possible favortism to the military thru political rank and stature.During the briefing i answered any questions he asked and in the end made a written statement on the case. My concern is that having already given a statement, should i get a lawyer for the case? If i decide to get a lawyer after already refusing one at first, will that incriminate me upon further questioning? If action is taken upon further questioning of the matter, can i refuse to answer questions based on the fact that i already made a statement? Or possible incrimination? I feel that the only reason i will refuse to answer questioning is that it is a waste of my time and deformizing my military character. I didn't commit the act, but if i refuse questioning that will also give them a suspicion to my decision of refusing the questioning. I am being wrongfully accused of an act that i didn't commit, and at the same time struggeling to understand my rights as a military member without getting the military involved. Any help or advice on the matter is very much appreciated.
 


ALawyer

Senior Member
"If i decide to get a lawyer after already refusing one at first, will that incriminate me upon further questioning? "

NO! The only thing that will incriminate you is the facts and what you say and the evidence they have..... Most military lawyers are honest and diligent and protect their clients. (Check out FreeAdvice.com's Military Law section.) But not consulting with or having a lawyer is STUPID and if you do not want a military lawyer, hire a civilian lawyer. Almost any lawyer is smarter than you alone.

"If action is taken upon further questioning of the matter, can i refuse to answer questions based on the fact that i already made a statement? "

It depends on whether you have already waived the rights you would seek to protect.

"I feel that the only reason i will refuse to answer questioning is that it is a waste of my time and deformizing my military character"

There is nothing that will get you out of the military as fast as that BS attitude -- they decide, not you, what is and is not "military character". It's BULL -- get off it.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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