Legal Question in Military Law in Texas

double jeopardy

I went ua for 3 and a half years. turned myself in and now awaiting courtmartial. my old command put an njp on my record when i left and now that my pay is being reinstated the forfieture of pay is being taken. therefore if i get c/m wouldnt it be double punishment? whats my best bet here.


Asked on 9/26/08, 12:22 pm

1 Answer from Attorneys

William J. Holmes Attorney at Military Law

Re: double jeopardy

You cannot be punished twice for the same action However, you can go to court-martial after an NJP. All prior punishment has to be credited so that you are not punished twice. You need to make sure your attorney is aware of this and takes thee necessary action to protect you.

Please feel free to contact me if you have any other questions.

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Answered on 9/26/08, 1:21 pm


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