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breach of pretrial aggreement

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Junior Member
What is the name of your state? Idaho

What action can be taken against the government when they breach a pretrial agreement after a case was closed?

I lost my military retirement (1994) by taking a pretrial agreement, which the Air Force has breached. Any ideas?

garrula lingua

Senior Member
You need an atty who specializes in UCMJ practice.
Try for a retired JAG officer. Check with your local or state bar association.

Don't take advice from any of us, as determinative of your outcome - have an attorney look over the facts/docs of your case and they'll advise you.
You need someone to go over all the facts and docs , without emotion, and see if there's any merit to your case.

I would also check with the Disabled Veterans of America for any info on atty. (also VietNam Vets, etc. - all these org.s will know of good attys out there.


Your name wouldn't happen to be Edward Mitchell, would it? (That particular case has been wending its way through the legal system for a decade, alas some portion of it are unpublished). If not, that case is illustrative of just how tricky thing can get when retirement is at issue.

Apparently unbeknownst to any of the participants in the process, appellant’s eligibility for pay under Air Force personnel regulations was dependent upon the timing of his trial. Had appellant begun serving his confinement after September 19, 1994 -- the date on which his enlistment extension became effective -- the pretrial agreement would have been implemented in the manner anticipated by the participants, which would have resulted in a monthly allotment for his family. His confinement began 5 days earlier, however, on September 14, 1994. Under Air Force personnel regulations, the enlistment extension could not take effect while appellant was in confinement, even with an approved extension. Para. 14-17a, Vol. I, Air Force Manual 13-130. The result was that the enlistment extension did not go into effect. Appellant's unextended period of enlistment ended, and his eligibility for pay -- the condition necessary for provision of an allotment to his family -- was terminated.


Junior Member
No I'm not Edward Mitchell. It sounds like the way the military does business. The main problem is they always twist things to their advantage. One might ask where this man’s lawyer was that allowed this to happen to him, but my understanding is that if ever you plead guilty it doesn’t matter how bad your lawyer is. Even if it is that same lawyer giving you advice on what you should do. Law is tricky business. Military law is even worst.

Thanks for advice on first post, I am not able to hire a lawyer to help me. I'm disabled and trying to get SSD. I don't even have rent money. I am however still fighting any way I can since I believe I got a raw deal and if nothing else I will keep making the military explain their unlawful actions. I will wear them down.


What exactly was the "pre-trial agreement" that the government is not living up to? Do you mean that you plea-bargained, or that there was some administrative action instead of trial? If the agreement became part of a court order/judgement, then you could try and sue for specific performance or, perhaps alternatively, you could ask to be allowed to withdraw from any plea you made.

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