Posted on May 13, 2021
Marine officer is first active-duty military member charged in Jan. 6 Capitol storming
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Responses: 7
Patricia Overmeyer
PO2 (Anonymous); SFC William Farrell: The DOJ will get him first in terms of his arrest.
The military generally takes the member into custody and turns them over to the civilian authorities (federal and/or state). He will go through the criminal process (arrest, initial release hearing, arraignment, etc.) before the Marine Corps JAG can do anything. While he is in federal custody, he will lose his pay/BAH/BAS, etc. Marine Corps JAG can bring their own charges, but since it is a separate criminal system it will take a back seat to the DOJ. In the criminal cases I had with active duty officers, JAG would stand back and wait to see what happened in the criminal court. However, they already had a stack of charges ready to go against my client, as well as a stack of admin charges. Each one of my clients still had to report for duty, once released from jail, but my clients who were officers usually got put behind a desk in the broom closet and stripped of their "official duties". He will need to have a civilian criminal defense attorney and a AOC defense attorney that will work together on the cases.
The military generally takes the member into custody and turns them over to the civilian authorities (federal and/or state). He will go through the criminal process (arrest, initial release hearing, arraignment, etc.) before the Marine Corps JAG can do anything. While he is in federal custody, he will lose his pay/BAH/BAS, etc. Marine Corps JAG can bring their own charges, but since it is a separate criminal system it will take a back seat to the DOJ. In the criminal cases I had with active duty officers, JAG would stand back and wait to see what happened in the criminal court. However, they already had a stack of charges ready to go against my client, as well as a stack of admin charges. Each one of my clients still had to report for duty, once released from jail, but my clients who were officers usually got put behind a desk in the broom closet and stripped of their "official duties". He will need to have a civilian criminal defense attorney and a AOC defense attorney that will work together on the cases.
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SFC William Farrell
Patricia Overmeyer - Thanks Patricia. As I have already said, I have done some stupid things in my life but not at this level.
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Patricia Overmeyer
SFC William Farrell - Haven't we all? Yeah, this level of stupid is rabbit hole territory.
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SFC William Farrell
SGT David A. 'Cowboy' Groth You know its Cowboy! While Ive done a lot of stupid shir in my life, nothing to this level!
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