Legal Question in Military Law in Virginia

Navy charge of theft...

Today my son-in-law was charged with theft of a laptop while serving upon a navy ship in Norfolk, VA. He was given 45 days on the boat then will be discharged. What legal rights are available to him to fight the charge and remain in the military? He has been in for about 4 years and just signed on for another 4. He has one child and he and my daughter just purchased their first home near the base.


Asked on 7/09/09, 4:13 pm

2 Answers from Attorneys
Neal Puckett The Law Firm of Puckett and Faraj, PC

Re: Navy charge of theft...

I would need to know more about his situation and exactly what type of process he went through. Please ask him to contact our office for a free consultation. He may have some options. www.puckettfaraj.com

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Answered on 7/09/09, 4:19 pm
William J. Holmes Attorney at Military Law

Re: Navy charge of theft...

Your son has the right to have a board hear his case and decide if he stole the laptop and if he should be discharged. The command cannot just kick him out with a bad discharge unless he waives his right have a board hear his case. This is his only chance to fight this and he should demand an administrative discharge board to hear his case. He can be represented by an attorney at this hearing and can call witnesses and present evidence in his defense. He can fight whether he stole the laptop, whether he should be discharged and what kind of a discharge he should receive. This is his best chance to fight it, so he should not waive any rights. Instead he should insist on his right to a board and to be represented by counsel to fight it.

I hope this helps. Please feel free to contact me directly if you have any further questions.

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Answered on 7/09/09, 4:40 pm


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