What is the name of your state?What is the name of your state? Texas
First of all, please, no judgement, just advice.
My husband is in the Army, in Iraq. He has been in the service for just about 2 years. Several people from his unit stole a large quantity of electronics from the PX, and he acted as a lookout, then recieved a $300 DVD player from them.
I'm not sure what phase of this whole court martial thing he's in. His commander has already recommended court martial, and he has had several preliminary meetings with TDS but hasn't been assigned a lawyer. I am not sure if he has formally been charged or not, but he has been told that he will be charged as an accessory to larceny.
My questions:
1. What is the maximum punishment for accessory to larceny? Also, what is the maximum punishment for receiving stolen goods? (It only makes sense that would be an additional charge) He has been told that he may be facing jail time--how likely is that if he has no previous record, not even a counsiling statement?
2. He has stated that all of the soldiers were unaware that they had been read their rights when they made statements, which seems to be the only incriminating evidence against my husband. (His DVD player was not found in the CID investigation, but he did make a statement about it.) What are the chances, in your experience, that this is true? In civilian police departments, you have to sign a paper saying that you waive your rights. Is this true for the military?
3. He has stated that it may help his case if he recieves letters from people that basically state how he is an awesome, moral person. Is this true? If so, where would it help-the decision to court martial vs article 15, or in the sentencing phase?
4. He is scheduled to return home in mid-Feburary to March. Where will his trial be held? Is it more likely they would extend his time in Iraq to hold the court martial or postpone the court martial until he returns?
5. Is there any way that I can help him?
6. Is it too late for him to get an Article 15?
7. Is there any way for me to keep track of what is going on? I plan to call my rear detachment on Monday, but any other suggestions would be wonderful.
Thank you for all of your help, and sorry if I asked too much... he's really a good guy and this is really scaring me, the thought of him going to prison.
First of all, please, no judgement, just advice.
My husband is in the Army, in Iraq. He has been in the service for just about 2 years. Several people from his unit stole a large quantity of electronics from the PX, and he acted as a lookout, then recieved a $300 DVD player from them.
I'm not sure what phase of this whole court martial thing he's in. His commander has already recommended court martial, and he has had several preliminary meetings with TDS but hasn't been assigned a lawyer. I am not sure if he has formally been charged or not, but he has been told that he will be charged as an accessory to larceny.
My questions:
1. What is the maximum punishment for accessory to larceny? Also, what is the maximum punishment for receiving stolen goods? (It only makes sense that would be an additional charge) He has been told that he may be facing jail time--how likely is that if he has no previous record, not even a counsiling statement?
2. He has stated that all of the soldiers were unaware that they had been read their rights when they made statements, which seems to be the only incriminating evidence against my husband. (His DVD player was not found in the CID investigation, but he did make a statement about it.) What are the chances, in your experience, that this is true? In civilian police departments, you have to sign a paper saying that you waive your rights. Is this true for the military?
3. He has stated that it may help his case if he recieves letters from people that basically state how he is an awesome, moral person. Is this true? If so, where would it help-the decision to court martial vs article 15, or in the sentencing phase?
4. He is scheduled to return home in mid-Feburary to March. Where will his trial be held? Is it more likely they would extend his time in Iraq to hold the court martial or postpone the court martial until he returns?
5. Is there any way that I can help him?
6. Is it too late for him to get an Article 15?
7. Is there any way for me to keep track of what is going on? I plan to call my rear detachment on Monday, but any other suggestions would be wonderful.
Thank you for all of your help, and sorry if I asked too much... he's really a good guy and this is really scaring me, the thought of him going to prison.