I’ve Been Convicted of a Crime in Civilian Court. Can the Military Prosecute me for the Same Crime?

I’ve Been Convicted of a Crime in Civilian Court. Can the Military Prosecute me for the Same Crime?

by | Jun 19, 2020 | Double Jeopardy, General Court Martial, Jurisdiction, Military Justice, Special Court Martials

Members of the military often believe they cannot be prosecuted in both the military courts and civilian courts. Most have heard of the concept of double jeopardy. However, civilian criminal law and the UCMJ are similar but different. In this article we discuss double jeopardy, civilian courts and the UCMJ.

Over the years we’ve had several clients call us and say they’ve been convicted of a crime in civilian court and that the military wants to prosecute then for the exact same thing. isn’t that double jeopardy? That’s a great question. You see this often in domestic violence cases and yes, the military can prosecute. The reason for this is called dual sovereignty and the Supreme Court had a case about this recently. It ruled that if federal law enforcement misses on a case the states can then pick it up. The same is true with the military and the UCMJ. If the case falls in a different area geographically and jurisdictionally then the military can pick it up.

That doesn’t sound fair, and some of the military branches including the Air Force have policies in place that prevent a military prosecutor from coming after you for the same thing you’re facing state charges for unless they get permission from the T-Jag of that particular branch.

However, policies are not law. Whether cases are accepted are not often depend on the seriousness of the offense and whether or not the military prosecutor believes the conviction was too light, whether or not they believe they could “do better,” whether or not they just want to “stack” it, and occasionally it comes down to the just not liking the military member.

The bottom line? Often military prosecutors can prosecute a crime that was tried in civilian courts. As a matter of policy they must get permission from the civilian court and if they ask they will usually get it. If you are in fact being prosecuted by the military for the same exact charges you’re being prosecuted for in the state call us at Shewmaker and Shewmaker. We can provide you with valuable information that you may not be aware of.

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

Navy Corpsman with PTSD and a Positive Urinalysis Retains Retirement and Benefits Thanks to Shewmaker & Shewmaker

by | Jan 27, 2020 | Benefits, Case Reviews, Drug Testing - Urinalysis, Military Justice, Military Pensions, Military Separation Hearings

Hello Friends,

Robert Capovilla here from Shewmaker & Shewmaker.

Last week I had the honor to represent HM2 Christopher Alliano at a separation hearing held at the U.S. Navy Recruiting Command in Millington, Tennessee.

HM2 Alliano hired me after he tested positive for THC from a urinalysis done in June 2019. At the time he tested positive for THC, HM2 Alliano was a 19 year veteran of the United States Navy, a combat veteran, a decorated Naval Corpsman, a survivor of the 2015 Chattanooga shootings that took place at the Navy Reserve Center in Chattanooga, and a recipient of the Combat Action Ribbon.

In October 2006, HM2 Alliano forward deployed with Company D, 3D Amphibious Assault Battalion, 2d Marine Expeditionary Force in support of Operation Iraqi Freedom. During that deployment, several Marines that I spoke to who served with HM2 Alliano described him as an outstanding “doc” who was not afraid to put his own life at risk to save Marines in combat. For his efforts, HM2 Alliano received the Navy and Marine Corps Achievement Medal with a Combat Distinguishing Device (Valor) for heroic achievement.

After that deployment, HM2 Alliano began to struggle with PTSD and combat trauma. He did not report his symptoms because he did not want to jeopardize his career. In 2015, HM2 Alliano came face-to-face with the terrorist who murdered several Marines and Sailors at the recruiting station where HM2 Alliano worked. HM2 Alliano was forced to barricade himself in the office while the terrorist shot at him several times. After that horrible incident, HM2 Alliano’s symptoms grew worse and more defined.

By June 2019, HM2 Alliano was suffering from several PTSD associated ailments that he kept secret from his command. As a result, he began to self-medicate.

During the board, the Recorder requested that HM2 Alliano be separated from the Navy with a less than an honorable discharge and, as a result, lose his retirement. After 4 hours of litigation, the Board rejected the Recorder’s argument and awarded HM2 Alliano with an honorable discharge, but recommended that the sentence be suspended for 6 months so that HM2 Alliano could retire with all his benefits in place.

HM2 Alliano will now retire from the Navy after 20 years of service with a full retirement and all his benefits intact.

PTSD remains a very serious issue for all our combat veterans who have served overseas in a combat zone. Many of these veterans do not feel comfortable reporting their symptoms because they don’t want to jeopardize their careers or risk being transferred to a different unit. If you’re struggling with PTSD or PTSD related issues, please, please get the help that you need.

Robert Capovilla
Shewmaker&Shewmaker
Military Defense Attorney

 

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