Refusing NJP is like doubling down in blackjack. It can pay off big in an acquittal, or one can end up like Mikey in Swingers. "Mr. Vegas over there told me you always double down on 11."
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Summary Court-Marshall- a no go?
- Thread starter USMC_Sparky
- Start date
Nitpicks: It's 45/45 max if you combine restriction and extra duty, and 45 days extra duty at any rate. CO can also give a verbal or written reprimand. You also have no absolute right to counsel at NJP, BUT . . . if the command wants the NJP proceedings to be admissible at any future court-martial, you need to see a lawyer about whether to accept or decline NJP. These are known as "Booker rights."
Summary is a very weird animal; I'd have to ask a JAG if it even counts as a criminal conviction. And you CAN refuse it anywhere. It also only applies to E's. O's can't have charges referred to SCM.
Oh, and random trivia: In order for a GCM to pronounce a sentence of death, the charges must be specifically referred as capital, and the court-martial must have members. In other words, it can't be military judge alone.
Harrier Dude
Living the dream
That's why I said it was the nutshell version. There's a lot more detail to all of it.
Another bit of trivia: if you get 30 days or more confinement, you get 5 days per month off for good behavior. Give them 30 days, they do 25. Give them 29, they do 29.
Another bit of trivia: if you get 30 days or more confinement, you get 5 days per month off for good behavior. Give them 30 days, they do 25. Give them 29, they do 29.
That's why you get yourself a good sea lawyer if it looks like it's going that route.
A SCM can count as a conviction if the accused elects to provide his own defense counsel and they are present during the SCM. The accused has no absolute right to defense at a SCM so he'd have to pay out of pocket for one.
Ah. right. Forgot that little tidbit from Legal O Skool.
Harrier Dude
Living the dream
Why would anybody ever do this? The rules of evidence don't apply, so a lawyer's not going to be much help. If you're going to go through that much trouble and expense, refuse the SCM and take your chances at a SPCM.
Like I said earlier, 99% of SCMs are guilty pleas.
USMC_Sparky
New Member
Wow, I didn't realize I'd get so many responses. Thank you for your replies, here's the skinny. It was in fact a SUMMARY court marshall, which if I'm not mistaken is an upscale NJP in the sense that you don't get any representation (paid for by the gov). I was basically charged with cheating on my wife (whom I was separated from over a year and awaiting a divorce) and UA to a field day muster. Pretty much my wife, who I never lived with since we got married or even shared a home, found out I had a girl friend and wrote a very nasty letter to my CO about me. This escalated into a shit storm and my case went straight to summary court marshall. No NJP, straight to court marshall. Now being a young LCpl, who was only 2 years into his career, I was scared shitless. At that level of CM you don't rate a military attorney, just a short counsel session with the base legal office. Again being a E-3 I didn't have money for a private lawyer, nor did I want to roll the dice and take my chances at a Special, where the charges could potentially follow me out of the military. Long story short I was railroaded, busted to Pvt and and given 45/45 (restriction and extra duty). Overkill? I think so, I've seen NJP's carry harsher sentences but the past is the past. Now here's the good news...
Afterwards I continued my service, made it to Cpl before I got out, got a good cookie, a cert com and a NAM. My pros and cons were good and I discharged with an honorable. I like to think I overcame adversity and beat the odds of becoming some shit bird that was pissed off at the world. I took my licking and kept it moving.
I think you're right though, this could be a long shot for me. I understand there's applicants out there who don't have the summary around their neck but I like to think I also bring positive experiences as well. Two years as an AO, I supervised an entire shift as a LCpl. All in all the worst that can happen is that they say no. Either way I think it's worth a shot since I want it that bad!
Afterwards I continued my service, made it to Cpl before I got out, got a good cookie, a cert com and a NAM. My pros and cons were good and I discharged with an honorable. I like to think I overcame adversity and beat the odds of becoming some shit bird that was pissed off at the world. I took my licking and kept it moving.
I think you're right though, this could be a long shot for me. I understand there's applicants out there who don't have the summary around their neck but I like to think I also bring positive experiences as well. Two years as an AO, I supervised an entire shift as a LCpl. All in all the worst that can happen is that they say no. Either way I think it's worth a shot since I want it that bad!
This is exactly the attitude you need to have. If you want it badly enough, let them decide - don't make the decision for them by not giving it the old college try.
USMC_Sparky
New Member
Thanks for the responses gents, just a follow up question, someone said I was too old to get a pilots slot. Is this true? Is there an age waiver available?
fattestfoot
In it for the naked volleyball
There is an age waiver for SNA, but it's only up to 29. Since you're already 29, it's too late.
For NFO, it's up to 31.
For NFO, it's up to 31.