Where will a marine charged with Title 32 DUI be charged? 17 Answers as of November 24, 2010

My buddy was arrested for a Title 32 DUI for drunk driving. As I understand it, does that mean he will be prosecuted by the state and the UCMJ will not apply. Is this true? Do we need a civilian lawyer? Can legal aid be an option for a serviceman? Thank you. Any information is desperately needed.

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Law Office of Cotter C. Conway
Law Office of Cotter C. Conway | Cotter C. Conway
A serviceman under Title 32 status, as opposed to Title 10 status, is not subject to federal jurisdiction. Therefore, the UCMJ does not apply to an arrest for DUI. He will be prosecuted in the local state or municipal court. However, he could be subject to court-martial under UCMJ if the DUI occurred on a military base and his blood alcohol tested at .10 or more. He definitely needs a lawyer but legal aid does not provide criminal defense lawyers (legal aid normally supplies legal help in various civil matters). Contact me for a free consultation.
Answer Applies to: Nevada
Replied: 11/23/2010
Jackson White, PC
Jackson White, PC | Jeremy Geigle
Where federal and state jurisdictions overlap, both jurisdictions may charge you with the crime. You may wish to hire a civilian lawyer to represent you for the DUI or to make sure the local jurisdiction knows you are being prosecuted as a marine and hopefully the prosecutor would defer to the military proceeding and not double charge you. Even if the you are not charged as a marine, the outcome of your Arizona DUI could have an effect on your military service. If you cannot afford an attorney, one will be appointed to represent you.
Answer Applies to: Arizona
Replied: 11/23/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If he is arrested by state or local police, sheriff, or CHP, he faces charges in CA Superior Court. His ticket would tell him that. Arrested by MP, base police, federal authorities, etc., he faces charges in US District Court. Either way he faces USMC discipline and penalties.

If serious about hiring counsel, feel free to contact me. I will be happy to help him use whatever defenses he may have. If he can't afford private counsel, yes, apply for the Public Defender.
Answer Applies to: California
Replied: 11/22/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
If he was arrested by Military Police or he was on a Federal Reservation he will be prosecuted in Federal Court. He should have access to a Federal Public Defender. If the civilian Police arrested him he will go to state court. We can handle that. For more info or to retain us call
Answer Applies to: California
Replied: 11/22/2010
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Title 32 sounds like it took place on Government Property. That means he will need to speak to a JAG officer of get a lawyer who is licensed in Federal Court. Now, the next part is difficult to answer. The UCMJ is a law unto itself. As a rule, when I was the Legal Chief for Marine Wing Support Squadron 27, we never charged if the civilian authorities did, but the ultimate decision will rest with your friend's CO.

I would start saving money for a lawyer. Whether or not legal aid will help a service member is directly related to several factors. The nature of the problem (Legal aid seldom touches criminal cases); the accuseds income, monthly expenses, etc; and how busy legal aid is at the time. There is only so much the staff there can handle and in this economy, they are swamped.
Answer Applies to: Texas
Replied: 11/21/2010
    The Law Office of Matt A. Stockdale, PLLC
    The Law Office of Matt A. Stockdale, PLLC | Matt A. Stockdale
    A Title 32 DUI would not be prosecuted in state court
    Answer Applies to: North Carolina
    Replied: 11/21/2010
    Law Office of Craig E. Gibbs
    Law Office of Craig E. Gibbs | Craig Gibbs
    Yes, you would need a civilian lawyer and they do have legal aid.
    Answer Applies to: Louisiana
    Replied: 11/21/2010
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    The criminal case should be tried in the jurisdiction in which it was charged. You should contact a criminal lawyer in that jurisdiction as soon as possible. Some lawyers offer free consultations. You will have to contact an attorney who handles UCMJ cases for your questions about ramifications with the military. Good luck!
    Answer Applies to: Georgia
    Replied: 11/21/2010
    The Connelly Firm P.C.
    The Connelly Firm P.C. | Thomas Connelly
    The federal and state governments are considered "separate sovereigns" and theoretically, each can prosecute your buddy, depending on where the alleged DUI occurred. Unfortunately, your buddy will likely go to "Captain's Mast" (Non-Judicial Punishment) at his unit, and the State will likely pursue DUI charges as well. If he fights the state charges he may be able to avoid administrative punishment, but it's not likely. His best bet is to consult an attorney through his command. If this is not an option, I will handle the case at a reduced rate as a favor to a fellow veteran. I am retired USN. In any event, good luck.
    Answer Applies to: Pennsylvania
    Replied: 11/21/2010
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I am sorry but I am not familiar with a Title 32 drunk driving offense. Sounds to me like it could be a court-martial type of charge, and as such, should give your friend the chance to be represented by a military lawyer. However, this could be the offense in the state where your friend is located, and he would probably need to retain his own lawyer, but of course, he can request the services of a public defender, as any DUI is serious.
    Answer Applies to: Illinois
    Replied: 11/20/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    I had a recent case of a marine charged with a DUI in state court. The offense occurred off base. Based on this one example it would appear that the DUI would be prosecuted under state law and in a state court.
    Answer Applies to: California
    Replied: 11/20/2010
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The UCMJ does not apply to members in Title 32 or civilian status. Most state military laws or regulations do not specifically address these alcohol-related driving offenses, leaving their prosecution to state civilian authorities. If your states military law or regulation specifically covers these offenses, it will usually govern when a member is in Title 32 status, and is on base when the offense is committed.

    Legal Aid does not cover criminal defense as each county has their own contract attorneys for court-appointed work. However, lawyers are only appointed for felonies and not misdemeanors.

    If your friend is in need of private counsel, please feel free to contact our firm. A DUI has far too serious of consequences to ignore or go at it alone. You need an experienced professional to guide you along the way. Best of everything to you.
    Answer Applies to: Michigan
    Replied: 11/19/2010
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    I can provide a referral to a great military criminal lawyer.
    Answer Applies to: Pennsylvania
    Replied: 11/19/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    I would check this out with the JAG folks to see what the deal is. Then get back to me to figure out if you need a private lawyer or will JAG provide competent representation. If this was on the base the State has nothing to do with it Anyhow do the research and get back to me. I can help or can recommend good lawyers.
    Answer Applies to: California
    Replied: 11/19/2010
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