Legal Question in Criminal Law in Virginia

Trial in ance

I am a civilian contractor in Afghanistan. I was tried for a domestic violence case in my absence and found guilty. I notified the court in writing that I was going to be deployed on my court date and asked for a continuance. Is it legal to be tried in your absence if deployed in support of the military? Being that I had no way of getting out of it without losing my job.


Asked on 3/18/08, 8:05 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Trial in ance

Yes, the Servicemembers Civil Relief Act does not apply to civilians, even those deployed in support of the troops, but you also could've noted an appeal of the adverse decision along with a request to the circuit court that the hearing on the appeal be deferred until your return to the United States.

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Answered on 3/18/08, 2:26 pm


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