Legal Question in Military Law in Colorado

my friend has been discharged out of the military, before being discharged he had charges againt him. he discharged out before going to court after going to court the army still does not have order's to keep him and now they are still holding him in jail and now they wants to send him to military detention center and the soldier is not in the Army and because they discharged him out of the military and now they are trying to do orders and back date the orders. they plase were they want to send him will not take him without orders they are tring to put him back in the army without him agreening to come back end. he has a DD214 already. the Judge at the court asked if they were should they could court martial him and they stated yes. they want the General to sign orders to put him back in the military. can they do this.


Asked on 9/24/10, 12:44 pm

1 Answer from Attorneys
Gary C. Johnson Attorney Gary C. Johnson

Generally the military can retain jurisdiction even if a servicemember is discharged. There have been challenges pursuant to due process claims, but they are usually denied. For example, Allen v. O.K. Steele, 759 F.2d 1469. see http://ftp.resource.org/courts.gov/c/F2/759/759.F2d.1469.84-2257.html

DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776

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Answered on 9/29/10, 2:45 pm


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