California | Military Law
Legal Question
If i was arrested in Texas 2 1/2 years ago for dwi and am going to court for it now, if charged can the military still punish me for it?
Legal Answer
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Read More Answered By: Philip D. Cave |
Yes. The statute of limitations for court-martial is five years from the date of offense. There is no double jeopardy between a state and UCMJ (federal) prosecution. Usually though the unit will not prosecute, but rather they may take administrative action for a discharge based on a civilian conviction/serious offense. That's because they have to get Secretarial permission to prosecute at court-martial where there has been a civilian conviction.
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