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Well if we are arrested for a civil problem and not wanted on charges by the military then we are like John Q. The military does get notified and then (not sure really how, but i believe it is up to the service member). Now the courts can either keep in the civil courts or allow a trial by court martial but not both. Now if for instance u are AWOL and get a DUI. then you can get charged with the DUI in cvilian court and get UCMJ for AWOL. It will go in your service record as well as your BOP any way. Especially DUI- they are career enders' now a days. Also fighting is a career ender' its not like the old days... "GO TO WAR OR GO TO JAIL".

Here is an example, I had a SSG that got arrested by local cops for a concelled weapon after a tip off from his estranged wife. Nothing to do with the military, but the court in texas turned it over to the military for a trail by court martial.

Here is another example, I guy in my unit fell asleep at the wheel (no OUI) and drove into oncoming traffic and hit another car killing a family of four. he went to a civilian court- He got a military lawyer, to help his civilian lawyer with military affairs. he was ROR and placed on barracks restriction while in trial. I got out before i found out about the outcome.
 

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ecpd402 said:
Unless it has changes since I was an MP. the civilian police can only detain. They notify the local MP who in turn refer the matter to the JAG. the military decides whether to charge or send it to the civilian courts. Usually the civilian courts don't mind because the UCMJ punishments are far worse than a civilian court.
I think it might have changed. I seen a lot of DUI's and fights that occur off base and the MP's and JAG get involved some people call there chain of command some wait until they get out and go back to work. You gotta also figure the surrounding communitties PD's know what's going on so they might call. I remember working the CQ desk and had to send some1 to pick up a member of my CO. after he called me on the desk. I logged the event, called his squad leader who picked him up. It made up the chain of command and monday morning he was @ legal. @ no time was the MP's notified. I have also seen the locals hand off to the MP's, or DoD PD as the case may be & we were the last to know.
Hard to say i guess, maybe 1 of the DoD Officers can chime in here. I'v seen it happen both ways. Of course Its never happened to me personally so I might be missing a step.
 
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