UCMJ Article 107a
The MCM states any service member may be subject to prosecution under Article 107a (Parole Violation) if they, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole with conditions, and violates the conditions of parole.
In order to be convicted of an Article 107a violation, the prosecution must prove:
(1) the accused was a prisoner as the result of a court-martial conviction or other criminal proceeding;
(2) the accused was on parole;
(3) there were certain conditions of parole that the parolee was bound to obey; and
(4) the accused violated the conditions of parole by doing an act or failing to do an act.
Understanding Article 107a (Parole Violation) of the UCMJ
A prisoner on parole, or parolee, has agreed to adhere to a parole plan and conditions of parole. A parole plan is a written or oral agreement made by the prisoner prior to parole to do or refrain from doing certain acts or activities. A parole plan may include a residence requirement stating where and with whom a parolee will live, and a requirement that the prisoner have an offer of guaranteed employment. Conditions of parole include the parole plan and other reasonable and appropriate conditions of parole, such as paying restitution, beginning or continuing treatment for alcohol or drug abuse, or paying a fine ordered executed as part of the prisoner’s court-martial sentence. In return for giving his or her word of honor to abide by a parole plan and conditions of parole, the prisoner is granted parole. A parole violation is committed when the parolee violates the conditions or terms of parole.
Maximum Possible Punishment for Violations of Article 107a
Service members convicted of an Article 107a violation face a maximum punishment of a bad-conduct discharge, confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months.
How do you defend against Article 107a Parole Violation charges?When you are facing the combined resources of the military as well as the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 20 years of experience in military law and a sought-after speaker and lecturer on military law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding a wide variety of matters and a diverse background of clients
If you or someone you know is facing Article 107a charges for Parole Violation, you need to speak with a Military defense attorney right away. Please call Crisp and Associates Military at 888-347-1514 for a free consultation.
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