I got arrested for DUI off base by civilian police. My civilian lawyer is telling me that if I take a diversion or a deferred adjudication it won’t hurt me in the military. Is this true?

If the command is aware of the DUI arrest, that is what’s known in most branches of service as a CCIR – commanders critical information requirement. In addition to reporting the event up the ...

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The investigation is dragging on and on. Is there anything that I can do to speed up the process?

The textbook answer is that a military accused does not have a right to a speedy investigation, meaning there is no official right to require the investigators to complete their investigation or for ...

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Is it legal for me to use CBD oil if I am in the military?

Whether or not CBD oil is legal for anyone, in or out of the military, is a very complicated issue. Anyone within the military will say no, that CBD oil use is not legal for military members. The ...

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Are there any notice requirements if the Army wants to try to take an Army Officer through administrative separation / board of inquiry for the same allegation twice?

Yes. If the government determines that any of the specific unusual circumstance exists, they must provide notice of which circumstance or circumstances exist “…in writing, upon a determination ...

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When CAN an Army Officer face administrative separation / board of inquiry for the same allegation twice?

AR 600-8-24, paragraph 4-4 d explains that when an Officer can be made to suffer through a second board of inquiry when there is or has been: (1) A lack of proficiency or recurrent misconduct ...

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Are there exceptions to the general rule that an Army Officer should not face administrative separation / board of inquiry for the same allegation twice?

Yes. AR 600-8-24, paragraph 4-4 c explains that if any of the below exist, an Army Officer can be made to face administrative separation / board of inquiry for the same allegation twice: (1) ...

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As an Army Officer, can I face administrative separation / board of inquiry for the same allegation twice?

Maybe. Pursuant to AR 600-8-24, paragraph 4-4 b, with some limited exceptions, “no officer will be considered for elimination for reasons … because of conduct that has been the subject of ...

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What do I have to say to the military?

Please remember that you may and should choose to remain silent and speak with a lawyer even if your leadership is asking questions that seem focused on trying to determine what is going on. It is ...

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I heard that there is a “120-day” rule that applies to military courts-martial. Does this mean that my case must go to court-martial within 120 days of the allegation?

No. The “120-day” rule applies to the processing of a case after it has already been formally charged. The formal charging under the U.C.M.J. is known as preferral and occurs when an Officer ...

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I was arrested off base. I spoke with a military attorney that stated he believes the civilian authorities are going to release jurisdiction to the military. What does it mean to release jurisdiction and how long does that normally take?

If an alleged crime occurs off a military base but the person suspected of the offense is a serving on active duty, either the civilians or the military can assert jurisdiction to charge. When there ...

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