Legal Question in Military Law in California

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?

Asked on 9/03/09, 5:25 pm

1 Answer from Attorneys

Philip D. Cave Military Law & Justice

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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Answered on 9/03/09, 5:33 pm

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