Legal Question in Military Law in California

seperation while under investigation

I filed charges against a sailor for personal theft of property. His command allowed him to separate while the investigation was (and is) still open and told me to take him to small claims court. Is there any type of action I can take against his commanding officer?


Asked on 7/10/07, 4:08 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: seperation while under investigation

Only if you have evidence that the commanding officer was involved in the crime. Supervisors are not responsible for crimes their subordinates commit as individuals. This is true in both military and civilian contexts.

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Answered on 7/10/07, 4:38 pm


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