Legal Question in Military Law in Washington
Article 32 dismissal
If an active duty service member is charged and then sent to an article 32 hearing which results in the dismissal of the charges, can the member be re-charged in the local criminal court after they separate from the military?
Asked on 5/07/08, 11:53 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Article 32 dismissal
Yes. There are two separate jurisdictions. One is under the UCMJ, the other is under state law. There is, then, no double jeopardy. If you rob a mail truck you can be tried once by the feds for theft of the US mails, and once by the state for robbery.
Answered on 5/08/08, 1:00 pm
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