MUST a Marine Corps Reservist self-report a DUI Arrest that occurred while the Marine was NOT on duty (in status)?

Discussion- The Navy has a NAVINSTR-, Nav Instruction, that MANDATES that Sailors (and Marines too), self-report ANY arrest or criminal charge.

Top Torrance Criminal Lawyer
Matthew Ruff, Torrance Criminal Defense Attorney

I used the term MUST above because it is the basis of a criminal charge.  That is, if the UCMJ says you MUST do something and you fail to do it you can be Court-Martialed.  ALSO, you can receive lesser PUNISHMENT.  That means, Article 15/Non-Judicial Punishment/Captain’s Mast.  NJP has to be processed THROUGH JAG/Attorney channels, BUT there is no Judge, no prosecutor and no defense counsel (though you get to speak with a defense counsel, military and civilian if you want), prior to NJP.  Unless you are attached to a ship, you can also turn down NJP and demand trial by Court-Martial (bringing in criminal procedure and judges lawyers etc).  Thus, there has to be a crime (punitive article) underlying any such charge.  For ACTIVE DUTY (so Regular Navy/Marine/Air Force/Army etc), AND those Reservists/Guardsmen ON DUTY/IN STATUS, Navy/Marines MUST report any arrest/charge.  Failure to do so can result in Court-Martial etc.  It has in the past.  Servicemember failed to report arrest, underlying charge dismissed, whatever, but military Court-Martialed and Convicted servicemember for failure to report (and this has happened more than once and if I remember correctly was also drummed out (With such a charge and the fact that they brought it to CM, they were looking for the kick.  They got it. 

However, Reservists/guardsmen are DIFFERENT. If they do something while NOT in status there is no jurisdiction over them. They cannot be punished for their “out of status” conduct. Hence, if the DWI Arrest occurred while out of status he also need not report. That is, if he failed to and they found out could they Court-Martial him, NJP him, administratively separate him, or such, based on the MISCONDUCT OF failure to report? NO. They cannot because jurisdiction does not lie. Therefore, in most cases he/she need not.

Anyone facing a DUI arrest in California should consult with a criminal defense attorney and a JAG lawyer as soon as possible to get specific legal advice regarding there individual situation.

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty five years. In addition to criminal cases, Matthew also defends clients at the DMV regarding license suspension hearings stemming from drunk driving arrests.
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