Legal Question in Military Law in Massachusetts
conviction?
If someone is serving in the military and had already had there background check completed and approved but then had a court case to attend but was already serving in the military, what happens? Must th eperson return for the case or is the case delayed?
2 Answers from Attorneys
Re: conviction?
It all depends on the situation. Best to ask the attorney who is representing you at your court case.
Re: conviction?
Both my partner and I are former active duty Army judge advocates, now serving in the Reserve Component.
The Servicemembers Civil Relief Act (formerly the Soldiers' and Sailors' Civil Relief ACt) does not grant an extension of time to appear for criminal matters. Your command is Required to grant you leave or permissive TDY to attend your criminal court matters. That said, we have had numerous instances where courts will allow a military member to appear by counsel; and, depending on the severity of the charges, some courts and prosecutors will be considerate of your military service.
Feel free to contact either myself or James P. Hall from this firm if you wish to discuss this matter further. 978-250-4255
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