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mayberry9 · Jul 16, 2013, 10:18 PM

Can a member of the military be imprisoned without a trial and lawyer? And if was, can I appeal later court martial ? I was charged with one count of unauthorized absence, when I initially turned myself in I was put in brig prior to my return to my duty station for 2-weeks. I wasn't given lawyer. Later after my general courts martial I was sentenced to 6 months brig time I ask my lawyer then if my prior brig time counted and he didn't know I was even in the brig, I was taken to a side room of the court where the jag officers gave me credit for the previous 2-weeks. I heard that the military has to give prisoners access to legal advise, especially those who haven't been convicted, I was given a bad conduct discharge in 1984. Any feedback appreciated.

Fr_Chuck · Jul 16, 2013, 11:04 PM

Yes, they can, they do have to give you access, and you were, there was a JAG attoreny.

Being absent is not like missing a day at work, and is serious and yes of course they will lock you up. Prior to the hearing,

AK lawyer · Jul 17, 2013, 04:58 AM

It appears that his happened in 1984. That's almost 30 years ago. And OP wants to know if he can do anything about it? No.

mayberry9 · Jul 17, 2013, 08:01 AM

The jag lawyer was after the trial 5 months later. No legal help when in jail prior to returning to duty station. That's my question, put in jail for 2-weeks with no trial and no legal help. When I returned to my duty station I flew on plane with no escort and returned to base on my own. Was only put on restriction and could have left anytime. Is military required to give people it jails a lawyer? So because it was 30 years ago its o.k. And you know I received top notch defense, I didn't even know what I was charged with until the day of trial, wasn't even paid on pay days prior to trial. Which was months. Can I still appeal conviction?

ebaines · Jul 17, 2013, 10:22 AM

I assume your motive here is to expunge the Bad-Conduct Discharge, right? I suggest you contact the JAG office at the base where this occurred and ask whether as a civilian 30 years after the fact can you appeal your court marshall. You might also consider contacting an attorney who specializes in military law to see what they have to say. There are probably time limits for appealing a conviction like this, but it doesn't hurt to ask an expert.

smearcase · Jul 17, 2013, 02:24 PM

The link below is purported to be an expert JAG related opinion although I have no way to verify that. You will have to make your own assessment:

http://www.justanswer.com/military-l...-upgraded.html

mayberry9 · Jul 17, 2013, 09:44 PM

Thank you for your response. As a 19 year old at the time upgrading my discharge was furthest from my mind. Although the judge recommended a suspended sentence it was still up to the captain of my ship and since I was in the brig and my supposed jag lawyer never let me know to write the captain all was lost. I had one charge of unauthorized absence and received a b.c.d. that was in 1984. I have never before that time or since been arrested as a civilian. I am still proud to fly my American flag and don't need a honorable discharge to be honorable. When I joined the navy they let you join without having a skill like me wanting to be a gunners mate.there was no school and you had to get trained on your own time, but with your regular duties and being on a ship overseas as a young guy was hard. Military doesn't do this anymore, everyone goes to a school. I remember all the alcoholics and drug addicts who were court martialed over and over only to stay in the service . At least I got to serve a few years under pres. Ronald Reagan... thanks again

mayberry9 · Jul 17, 2013, 09:50 PM

Originally Posted by AK lawyer

It appears that his happened in 1984. That's almost 30 years ago. And OP wants to know if he can do anything about it? No.

if you are referring to the andy Griffith show its not o p its opey.

J_9 · Jul 17, 2013, 09:55 PM

if you are referring to the andy Griffith show its not o p its opey.

OP stands for "original poster."

ebaines · Jul 18, 2013, 05:38 AM

Originally Posted by mayberry9

if you are referring to the andy Griffith show its not o p its opey.

This made me laugh! Given the OP's handle is "Mayberry9" it's perfect!

mayberry9 · Jul 18, 2013, 09:07 PM

Originally Posted by ebaines

This made me laugh! Given the OP's handle is "Mayberry9" it's perfect!

You'll have to forgive me I'm not a computer snob, I have better things to do. Ill leave the juvenile postings to you 'experts'. Your obviously not smart enough for adult humor. Must be Obama supporters. Must be nice to live at home with mom and dad, I got to go, its past your curfew...

mayberry9 · Jul 18, 2013, 09:38 PM

There was a recent case where a army soldier was let out of prison and conviction was overturned because prior to trial when he was in jail he was denied a lawyer. I believe the military has to assign you a lawyer within 48 hours of being confined. Its nice they can violate your rights and you have to appeal.

ebaines · Jul 19, 2013, 05:53 AM

Originally Posted by mayberry9

youll have to forgive me im not a computer snob, I have better things to do. ill leave the juvenile postings to you 'experts'. your obviously not smart enough for adult humor. must be Obama supporters. must be nice to live at home with mom and dad, I got to go, its past your curfew.......

Settle down cowboy! I was simply noting the humorous connection between your screen name and the comment about Opie (not "Opey"). No need to hurl misguided insults.

J_9 · Jul 19, 2013, 05:59 AM

you'll have to forgive me I'm not a computer snob, I have better things to do. Ill leave the juvenile postings to you 'experts'. Your obviously not smart enough for adult humor. Must be Obama supporters. Must be nice to live at home with mom and dad, I got to go, its past your curfew...

Well, GOOOLEY! (In my best Jim Nabor's voice) Someone woke up with their panties in a wad! Come on! Find some humor in life. No need to hurl insults all willie nillie. It was just coincidence that you mentioned Opey, not understanding OP, and the connection with your username. We are all adults here, we know who Opey (Ron Howard) is.