Legal Question in Military Law in New York

Re: Son in Army arrested off base for fighting

Dear Questioner:

Unfortunately the short answer is, it depends.

If he is being held in a county jail in New York, he will shortly be arraigned and bail will more than likely be set unless he is ROR'd (released on his own recognizance to the military). At that point, the military may or may not attempt to try and obtain jurisdiction over the offense. It can sometimes depend upon the relationship the JAG prosecutors have with the prosecutor in the local jurisdiction.

If the JAG were to have the military take jurisdiction, he would probably face anything bewtween nonjudicial punishment and a General Court Martial depending upon the perceived seriousness of the alleged offense.

If the state decides to maintain jurisdiction and your son is convicted but receives probation or community service, your son can still be discharged from the Army based upon the civilian conviction. I would need to know more facts to advise you further.

While I am located in TX, I practice in military courts worldwide, and am also licensed to practice law in NY State.

Feel free to e-mail me additional questions at [email protected] and/or visit my website at www.courtmartialbrand.com

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven T. Brand, Esq. and any recipients.