Congratulations. Your civilian case just got dropped.
But guess what? If you're in the military, they're going to come for the pound of flesh.
I'm Cody Harnish, UCMJ attorney.
And today we're talking about what happens when you get in trouble in the civilian world.
But you're in the military.
Here's the deal.
You can get in trouble on the civilian side and still be charged with the same incident on the military side and double jeopardy isn't at issue.
Even worse.
I have so many clients come to me shocked when their civilian cases dropped.
But the military picks it up and decides to kick them out of the military regardless.
That's right.
Either they're acquitted, they take a plea deal to a lesser charge, or they're cases dropped entirely by the civilians.
The military can legally and usually does, try to kick them out.
Double jeopardy isn't a thing here.
Regarding courts-martial and civilian trials, but it's especially not a thing regarding administrative separations because administrative separations aren't criminal trials.
It's an employment action.
No double jeopardy attaches.
So if you're thinking about taking a deal in the civilian world and you're in the military, please talk to an attorney before you do and understand the implications it's going to have on your military career.
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And in the meantime,
I'm going to keep defending America's defenders.
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