McG
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If your election has already reached the prosecutor, it is too late to change your mind.greencycle said:... I elected for such. However, I am reconsidering, given the lengthy time to trial.
If your election has already reached the prosecutor, it is too late to change your mind.greencycle said:... I elected for such. However, I am reconsidering, given the lengthy time to trial.
MCG said:If your election has already reached the prosecutor, it is too late to change your mind.
After the DMP has preferred the charge to be tried by court martial, the accused may, with the consent
of the DMP, withdraw that election and have the matter tried by summary trial at any time prior to the
commencement of the court martial (QR&O 108.17(5)(b)).
MCG said:I've not seen a prosecutor acquiesce because someone has realized they are about to get hooped for a stupid decision when having an election.
ballz said:I personally would be basing my decision on the evidence against me, not on probabilities.
Which leads me to a question (these ST / CM things always catch my interest) for those with experience... Are you given the full-disclosure of evidence against you before you have to make a decision on ST or CM? Any comments would be appreciated.
ModlrMike said:I believe discovery comes after the election. Until the member elects, there's no framework for the trial. That being said, the member should have a good understanding of the evidence to be introduced at trial before he makes an election.
ArmyVern said:Well, not really, but I know what you meant. Discovery comes after the charge vice the election. Member is marched in, RDP'd (charged) and then receives the file and is sent away to consult as appropriate for min 24hrs. At some point after the initial 24 hours has passed, mbr will be brought in again to make their election as to TYPE of proceeding.