Legal Question in Military Law in Washington

Wrongfully accused of larceny

i am accused of larceny someone stole a ps3 and stashed it in my locker that i share with THREE OTHER PEOPLE. however i am the only one getting accused because it was in my drawer inside the locker. the drawers inside the locker cant be locked. the person who stole the ps3 used his book bag and they found western union papers with his name on it so they traced it back to him. he then said that he let me borrow the bookbag a long time ago which is a lie. so i was sent to a disciplinary review board then executive officers inquery they all said that they dont need any proof to convict me of this crime and i dont think its right because there is so much reasonable doubt. so i was thinking of taking the cause to court martial correct me if im mistaking but i think they have to have proof beyond resonable doubt to find me guilty.


Asked on 5/14/09, 11:42 pm

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

Re: Wrongfully accused of larceny

At Article 15, there are no rules and no burden of proof. At a court-martial, rules of evidence apply and they have to prove your guilt to each charge beyond a reasonable doubt. The fact that it was in your locker hurts you but does not identify you as the one who took it, especially if others also use or have access to that space. If you are going to refuse Article 15 and have this sent to a court-martial, be sure that you DO NOT MAKE ANY STATEMENTS which could possibly be used against you in any way. DO NOT TALK to anyone except your defense counsel and do not allow yourself to be questioned without an attorney present.

Please feel free to contact me if you have any further questions.

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Answered on 5/18/09, 2:09 pm


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