Kansas  |  Military Law

Legal Question

Asked on: 8/11/11, 10:39 pm

I am trying to find a case that would support an error in a trial. I have read that if the prosecutor in a special court martial knows a charge cannot be supported he has a duty to remove it. A friend was charged with conspiracy and a large part of the testimony was based on establishing this, but when the supposed co-conspirator took the stand and the defense atty suggested he be read his rights, the prosecutor stated no one was planning to charge him with anything so he could not be incriminating himself. As it takes two to commit a conspiracy, it seems the charge should have been dropped. Do you know of such a case or can you suggest a place to look for one. He is between court martial and appeal and is just wondering if this will be helpful. His appointed jag atty from the court martial will not answer these kind of questions for him.

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search