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nol pros in civilan court - case jurisdiction given to military

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last2know

Guest
What is the name of your state? VA

If a case was nol pros in cilvian court then turned over to the military courts. This means that the defedant could still be tried for UCMJ violations. But does the military really have concurrinig jurisdiction if the incident happened off base? The incident relates to branishing of a hand gun. Another question is, can the prosecution use a police narritive of the victim if the victim did not sign anything? The narritive contaning hearsay statments givin by the victim. Can the victim rebute the police narritive? I know these are some vague questions but I am willing to listen. Thanks- last2know.
 


L

last2know

Guest
last2know said:
What is the name of your state? VA

If a case was nol pros in cilvian court then turned over to the military courts. This means that the defedant could still be tried for UCMJ violations. But does the military really have concurrinig jurisdiction if the incident happened off base? The incident relates to branishing of a hand gun. Another question is, can the prosecution use a police narritive of the victim if the victim did not sign anything? The narritive contaning hearsay statments givin by the victim. Can the victim rebute the police narritive? I know these are some vague questions but I am willing to listen. Thanks- last2know.
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"keep your friends close, but your enemies closer"
,my dad
 
S

Shay-Pari'e

Senior Member
It doesn't matter if it happened off base. Obviously the civ. court nol.pros, so that it could be tried under the UCMJ. JAG can explain all the questions you are asking as one has to be appointed for the defendent. No one here can tell you what will be allowed as evidence, as this is a court martial. The defendent can hire his own attorney familiar with military law if he chooses, that is allowed.

JAG is your best bet for the information you are seeking.
 
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