Navigating Civilian and Military Legal Challenges: Understanding the Implications
Congratulations! Your civilian case has just been dropped. However, if you’re serving in the military, this might not be the end of your legal troubles. As a UCMJ attorney, I often encounter clients who are surprised when their civilian cases are dismissed, only to face further action from the military.
Double Jeopardy: Not an Issue Here
In the civilian world, double jeopardy prevents you from being tried twice for the same crime. However, in the military, this principle does not apply. You can be charged with the same incident on both the civilian and military sides, and the military will still pursue its own legal action.
Administrative Separations: A Different Beast
Even if you’re acquitted, take a plea deal to a lesser charge, or have your case dropped entirely by the civilians, the military may still attempt to discharge you. This is particularly true for administrative separations, which are not criminal trials but rather employment actions. As such, no double jeopardy protection is available.
The Importance of Legal Counsel
If you’re considering a plea deal in the civilian world while serving in the military, it’s crucial to consult with an attorney. Understanding the potential impact on your military career is essential, as the military’s decision to discharge you can be independent of the civilian court’s outcome.
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In the meantime, remember that legal challenges can be complex, and it’s always best to seek professional advice when needed.
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