Legal Question in Military Law in Texas

My husband is in the military and one of the guys in his unit was just charged with treason. He formed a militia and now everyone he is saying was involved is getting court marshalled as well. My husband is involved because the man who started it said that he was part of the group and had given my husband patches, which my husband just threw in a junk drawer in our house and never thought of again because we had told this gentleman that we wanted nothing to do with him or his malitia. The only sworn statement my husbands name is mentioned in is the one from the leader, all the other members said he wasn't involved. I and my friend are the ones who reported the group to the athorities. My friend said that she will testify for my husband that he had nothing to do with it. Dose my husband have any chance of being found not guilty? So far everyone else has been found guilty, but none of them have had the person who reported testify for them she has always testified against them.


Asked on 11/08/11, 8:22 am

2 Answers from Attorneys

William J. Holmes Attorney at Military Law

If your husband was not involved in this group, there should be no evidence of his activities. Your testimony, as well as others, that he was not involved should be able to show that he was not engaged in any criminal activity. The key is to have a good attorney who will fight and find and present witnesses and evidence that your husband did nothing wrong. The fact that he threw the patches away clearly reflects his lack of interest in this group and their activities. The government would have to present evidence to prove his alleged guilt beyond a reasonable doubt. The evidence you mentioned should be able to create at least a reasonable doubt such that he hopefully will be found not guilty.

I hope this has response has been helpful to you. If you have any additional questions, please feel free to contact me directly at [email protected] or (757) 420-9321.

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Answered on 11/08/11, 8:59 am
Scot Sikes Law Offices of Scot Sikes

I second Mr. Holmes comments and add that, despite assertions to the contrary by the unknowing, military Service Members absolutely have the presumption of innocence attached to such assertions/charges. Very important that your husband not be convinced by some inexperienced military defense counsel that he should "just plead guilty" because all the others have been found guilty. I, too, can be contacted directly via email at [email protected], or via toll free line at (866) 494-6908.

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Answered on 11/08/11, 9:53 am


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