Legal Question in Military Law in Virginia

court marshall

11 months ago, my son was accused of touching inappropriately a child while bathing. the civilian police cleared him, the hospital said no way. She went to command, command so no, she went to family advocacy, the said can't substantiate but would like him to go to counseling. Because that was 6 weeks from reinlistment, decided to separate. Legal officer on command station looked everywhere - they said they could not hold him. He's on the road. separation date is 26th of this month. I received a phone call late last evening telling me they had to talk to him, when I hear from him, have him call, they are court marshalling on the 26. Can they do this? 1) tell me, 2) court marshal on the date of separation with no information or time to prepare for him? What happens If he does not contact me? He's on the road, had an accident and I did not get a contact number on Tuesday when his wife called. She wasn't sure where on the highway in Nebraska they were only on the border somewhere.


Asked on 2/16/07, 2:34 pm

1 Answer from Attorneys
William J. Holmes Attorney at Military Law

Re: court marshall

It does not appear that there is any evidence that your son did anything wrong. If they try to court-martial him, they would have to serve charges on him and he and his attorney would have be given the evidence they have against him and be given enough time to prepare for trial. I do not see any way that they could have a court-martial by the 26th. However, if they do want to try him, they will have to bring the charges against him by the 26th. Otherwise, they will have to either re-enlist him or discharge him for completing his elistment. Do you know if he wants to stay in or get out? You should try to get in touch with him or have him or his wife get in touch with me if they have any questions. You can feel free to contact me at any time.

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Answered on 2/16/07, 3:19 pm


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