Legal Question in Military Law in North Carolina

Re: Military charges after Civilian charges

Dropping charges is not the same thing as an acquittal. However, if the charges were dropped after a jury was impaneled to hear the case, then double jeopardy may apply with respect to the civilian charges.

The military has every right to prosecute the military personnel involved. The military cannot acquire jurisdiction over a civilian. That doesn't mean, of course, that the civilian can't be prosecuted since the feds have the power to bring a federal court action to prosecute the civilians for crime on a government reservation. If you have questions, the best thing to do is to consult with JAG over the issues involved if you are the military person, and with a civilian lawyer if you are a civilian being prosecuted.

Remember too that dropping charges, as I said, is not dispositive unless the case was in trial. Thus if the local authorities develop evidence later, they may still be able to prosecute, so long as the statute of limitations has not expired.

This is not a legal opinion. This is a quick synopsis of the law. If you want a legal opinion you need to seek an attorney in NC or at JAG to answer the questions for you.