Need Some help/Advice!!!!!

[notyoueither]

I find it difficult to beleive that someone could be held accountable by one arm of government for being detained by another.

It sounds like something out of Solzhenitsyn.

[snoopy369]

"First" is probably not the right language ... the USAF can punish him separately from the civil government (for character violations), and might well successfully do so faster than the civil government would, as they have a lower standard of proof IIUC and in general a faster system. However, what would help your cousin more is most likely the state authority, which as I said would probably be AZ though Imran could tell you better (particularly TX).

It's also quite possible (even probable) that both AZ and TX have jurisdiction (ie, he broke the law in both states) and it's up to your cousin where she presses charges - either in the state that's more convenient to her (TX I assume) or the state that gives her the best advantage due to their laws (say, AZ might have a law saying "Fathers convicted of bigamy lose all rights to child visitation" while TX might not). However, then he'd have to be extradited, which AZ might refuse to do if he's charged there first (and if AZ is advantageous to him, he might force the issue there).

[Mrs. Tuberski]

nye i dont understand what ur saying but in the states your accountable for ur actions. First of all he broke a law in every state in the us which is bigamy. we are trying to figure out who he has to answer to first. Texas were his divorce wasnt final or az where he lied on his applicatin to be married or by the airforce which frowns on all of the above.

[snoopy369]

If you need actual, correct advice (and your cousin can't get such from lawyers with more direct knowledge), and Imran for some reason can't help, I could ask my mom; she's a prosecutor in NM who does a lot of domestic abuse type cases, so she might know those laws (though she lives in neither state, bordering on both might cause her to know something).

[Mrs. Tuberski]

and if the warrant issued for his arrest willbe personnaly served and he is taken into custody or just issued against him
i dont know these things which is why i turned to some of u guys that might know

[notyoueither]

And if he is lawfully detained, and not off on some sight seeing tour, how could he be held accountable by one branch of government for the actions of another?

If he's convicted of a crime, have at 'er, but to punish him for simply being arrested by civil authorities is... totalitarian. After all, where is the presumption of innocence, and where did he do anything wrong if he were mistakenly arrested?

[Ben Kenobi]

If he's convicted of a crime, have at 'er, but to punish him for simply being arrested by civil authorities is... totalitarian. After all, where is the presumption of innocence, and where did he do anything wrong if he were mistakenly arrested?

Look NYE. If you are working at your job and you get wrongfully arrested, isn't it going to affect you at your workplace? Could your boss end up firing you for not showing up to work even if you were wrongfully arrested.

This is the same thing here. Until he reports back to base he is considered AWOL. Whether he is punished for being AWOL will depend upon the circumstances, I would think that if he were unlawfully arrested that once he was released he would also be cleared of all misconduct.

[snoopy369]

Technically, AWOL is NOT an intent-based statute. IE, you are considered Away Without Leave if you are not at the appropriate place at the designated time.

However, it is up to the Court Martial to determine the correct penalty to this regard.

I would note that in the following PDF, it specifically discusses civil authority apprehension, although it doesn't really talk about it in this aspect (rather in the aspect of whether a civil authority's turning over of a soldier is considered 'involuntary apprehension', which would aggravate the sentence if found true).

Also, in the belowlinked PDF, Bigamy is punishable by a dishonorable discharge, TF (?), and 2 years (in the brig?) (Perhaps TF means 'terminated freedom' or somesuch?). This is presumably the maximum sentence (or the normal sentence). It does require 'intent'.

I'm not sure if he is convicted by a military court of Bigamy (as opposed to conduct unbecoming) if he's allowed to be later charged in civilian court (double jeopardy). However, I presume any military justice in this regard will be much more severe than civilian I think that the military has preference over civilian if there's a conflict, from what I know.

Again, I strongly suggest contacting a lawyer with experience in this matter, particularly if possible a lawyer who lives/works near a military base with some experience in military law ...

http://www.jag.navy.mil/documents/MJBenchbook.pdf

[Mrs. Tuberski]

snoopy369 that would be great if ur mom can shed some light on all of this i know she isnt in either state but what she has to offer might help a great deal

[snoopy369]

If I remember i'll ask her next time I talk to her ... she's pretty busy and I don't want to call her just to ask her legal questions but I should have a chance at some point if my memory doesn't fail me

[Mrs. Tuberski]

my point is that who is gonna get him to face these charges!! texas can issue the arrest warrant and az can be informed and the fact that he is in the airforce and they have thier mps who is gonna get him and is this gonna be a long procedure? awarrant willbe isued out of the state of texas but from what i hear texas wont go get him

[Mrs. Tuberski]

this is all good guys thanks for all the help. im sure there are things i dont understand but hopefuly it will work out

[snoopy369]

Originally posted by Mrs. Tuberski
my point is that who is gonna get him to face these charges!! texas can issue the arrest warrant and az can be informed and the fact that he is in the airforce and they have thier mps who is gonna get him and is this gonna be a long procedure? awarrant willbe isued out of the state of texas but from what i hear texas wont go get him

Correct. Texas is not permitted to go get him; they may request that AZ do so, but Texas police have no jurisdiction outside the state lines, unless in 'hot pursuit'. In a small case like this, AZ wouldn't necessarily go get him directly, unless there were an AZ warrant also (in which case they still probably wouldn't go get him, except if he made himself easily available for getting). Perhaps the USAF is your better course of action here?

[notyoueither]

Originally posted by Ben Kenobi


Look NYE. If you are working at your job and you get wrongfully arrested, isn't it going to affect you at your workplace? Could your boss end up firing you for not showing up to work even if you were wrongfully arrested.

Look, Ben, we're not talking about some mickey mouse, robber-baron of an employer.

Wrongfully or not, if civil authorities arrest a person that person has no grounds to say 'no' and leap out of custody to keep an appointment.

It strikes me as very odd that an agency of the government would penalise someone for the actions of another agency of the government.

[Mrs. Tuberski]

NYE from what i understand the usaf is not responsible for ur actions while on ur own time regardless if ur drunk in a bar passed out and cant show up to work or if ur in jail. Their stance is your are requried to report to base at a certain time and if you fail to do so you are consisdered awol. They will take appropriate actions to become aware of the reasons you have not reported and being arrested for any reason is not a valid reason for not showing up at work since it is your fault for being arrested. Due to circumstances you did on your own time. I sopke to my cousin and i think she is being informed that the stae of texas is gonna issue a warrant and deliever it to the usaf and have them assist in apphrending him? Im not sure if this is right and i dont see why the usaf would even involve them selves in civil matters. and For another thing i also was told that AZ is not to keen of the act of bigamy in thier state with all the goings on with the polygmists and the history behind that, but i dont know that for sure either