Legal Question in Military Law in Texas

is it worth fighting?

My husband has been charged with grand larceny of 62,000, an AWOL charge, and a drug charge. He has not went to trial yet, but was offered a deal of 15months and his court date would be November. If he does not take the deal his court date will not be until February. There is a long drawn out story about all this, but mainly the military lost him and did not try contacting him until this past December. He does not believe he should be doing time for the grand larceny. Any opinion or help on this would be very helpful. I, his wife am in Texas and he has already been put into confinement at Camp Lejeune.


Asked on 10/09/08, 4:13 pm

2 Answers from Attorneys
William J. Holmes Attorney at Military Law

Re: is it worth fighting?

There is no way I can tell you whether it is best to take the deal or to fight the charges. That depends on investigating the case, determining the facts, finding and interviewing witnesses and reviewingthe available evidence. Only after all of this is done, can his attorney make an informed decision about his chances in court or what to do. If the conclusion is that he cannot win at trial and is likely to get a harsher sentence, then he may want to consider a "deal". But only if that is his only option. If there is any chance to win, he may be better off going to trial.

If he accepts the "deal", he will have to plead guilty to some or all of these charges. He will then be a convicted felon and that will be on his permanent record. He also faces a bad discharge and up to 15 months in jail along with a reduction to E-1 and the loss of all pay.

If he does not think that he should be found guilty of the larceny, why would be plead guilty to it? He should only plead guilty to an offense if he is truly guilty, wants to admit it and when the govenment has proof of his guilty beyond a reasonable doubt. Other wise, he should not plead to something he did not do.

I hope this information is of some help. Please feel free to contact me if I can be of any further assistance.

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Answered on 10/10/08, 10:07 am
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: is it worth fighting?

The answer is that it depends. Having a prison sentence in excess of one year makes you a convicted felon. This has significant ramifications for the rest of his life.

I do not know all of the facts of the case, I can only speak in general terms.

Everyone, under the case of Gideon, is allowed the right of counsel in felony cases. He should have been provided with a JAG or Marine attorney to represent him.

A plea is an offer by the prosecution in most cases for a diminished sentence in lieu of having to prove at trial beyond a reasonable doubt that the person is guilty.

Bottom line is for your husband to work with his counsel to assess the pros and cons of the offer.

Good luck!

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Answered on 10/09/08, 4:32 pm


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