Son was put on restriction Aug 22. On Aug 23 money was starting to be taken from his account, about $2000 worth. Money was also being taken from about 6 other sailors in restriction with him.
My daughter and I caught on to this by checking his online statements; charges from CA, PA, AL, even on base were going on. Not possible for someone to make while in restriction.
Anyway, NCIS got down to it and caught the theif, thank goodness. However, now the bad guy is trying to accuse my son and the other sailors of conspiring. Now he might be charged with grand larceny.
What should be done? Do we/ can we get an outside lawyer if it progresses?
Comments
To be placed on a restriction, wouldn't the parties involved already have gone through Captain's Mast NJP as a result of the findings? Just asking...
If your son is placed on report for violating the Uniform Code of Military Justice (UCMJ) (except cases of murder or other felonies) he will receive an Article 32 hearing (better known as "Captain's Mast"). At this hearing, his Commanding Officer will review all facts and hear from the witnesses, associated parties (including your son), and his leadership chain. As the Commanding Officer is first and foremost responsible for "maintaining and keeping good order and discipline" on his/her ship or unit, he/she will then decide if your son has violated the UCMJ, and if so, discipline him as the UCMJ also prescribes. Notice I did not say "guilty" or "not guilty"- that is because this is NOT a court of law. And as such, your son may consult JAG, but they will not get involved because this is between your son and his Commanding Officer. JAG does not get involved unless your son elects to take his chances at a Courts Martial which is more like a typical court as you know it with lawyers, juries, judges, etc. So, obtaining or retaining a civilian lawyer is a waste of time and money because he/she would have no jurisdiction at a "Captain's Mast" because as I stated before, Captain's Mast is strictly between the sailor and his Skipper.
BUT, if your son opts for a Courts Martial, he then will get free legal counsel from the Navy JAG and a private lawyer can be consulted or retained at his expense, but be 100% certain that the lawyer is a specialist in the UCMJ because it is totally different than Civil Laws as you know them. And for what it's worth, it's not a good idea to take this to Courts Martial if he can avoid it because if he looses, he can be sentenced to a Military prison and then kicked-out of the Navy with an Dishonorable Discharge. The harshest thing his CO can do is kick him out of the Navy with an Dishonorable Discharge with no prison time. Something to chew on...
Adding to my last comment, your son, if charged would be entitled to have a Navy defense lawyer.(JAG Officer)
I would contact the local Bar Association closest to your sons base and see if they can refer you to some would with experience in military law.