ANSWERS: 3
  • Apparently, the DOD has permitted the AAFES to develop policy to extract $200 from AAFES customers who are accused of shoplifting and charged with "larceny" in the stores -- usually after they have been permitted to exit the premises without being sked for payment! Then, when the undercover secuity stop the suspects, the MP's are called to the stores to write the suspects tickets for petit or grand larceny and suspected shoplifters are not allowed to surrender the merchandise and make payment to the AAFES. If you have already paid the $200 and are going to Court, be advised that you may be offered a plea bargain if it is a first offense. But - don't count on this! A federal magistrate court judge from Maryland, soon after AAFES established its policy, has already established that the payment of a Civil Recovery Fine and the payment of restitution in a later criminal proceeding does not constitute "double jeopardy." While two State Appeals Courts have ruled that defendents cannot be prosecuted for larceny if the defendent has already paid a civil recovery demand to the merchant, the DOD and the Federal Magistrate Court can apparently do what they want to do to members of the military and their sponsored family members who apparently surrender their "due process" rights when they serve their country. I think what the DOD and the Magistrate Court has done is blantantly unconstitutional and I have asked for an investigation but have been refused and told by the DOD and indirectly by the President's Integrity Committee that I have to make my complaints to the Congress. The Magistrate Judge did make case law, however, and you could be found guilty and be ordered to make restitution again --apparently. Please complain to whomever you can, especially your elected officials, who are often charged with shoplifting, and hope that the Court will offer you a plea bargain in which you can avoid a "record" for a crime of moral turpitude that will survive for five years or more and perhaps hurt you in the future. I understand the costs of "probation" are very high in the federal courts, sometimes connected to rank and grade. It may be that the Magistrate Court just made case law to establish that it isn't double jeopardy, but that NOW, the court you are going to will now have some kind of plea bargain or probation available that will allow you to escape a conviction for a crime of moral turpitude that could follow you in the criminal records system, and make life difficult for you. Call the Court and ask them if you have to have an attorney to be offered a plea bargain by the Court if you plead guilty. Of course, if you are Military active duty and charged under the UCMJ, you are provided with an attorney. But, under the AAFES scheme, I believe even active duty personnel are sent to the federal masgistrate courts because this is the only way AAFES can extract the $200 fine from active duty personnel, and you will have to pay for your own attorney or represent yourself. This could be dangerous, however, because the judge perhaps will have to find you guilty if you don't plead guilty when you appear before him -- because even if you already paid the civil recovery and you tell him this, he will know there is case law and he will have to find you guilty of the charge of larceny to defend the $200 Administrative Fee that you already paid to the AAFES. I am now an attorney and I cannot give you legal advice but it is my opinion that it would be dangerous to go before the court without an attorney if it is your desire to try to negotiate a plea bargain with the court. If the prosecutor won't offer you a plea bargain or probation as offered "first offenders" without an attorney, you have no choice but to get an attorney. This somewhat new policy has been welcomed by the attorneys of the local BAR who surround military bases and you might think about ending your life of crime and going to law school. (Just having fun!) Good luck to you!
  • When you were caught did you go to jail? did the police come? of the AAFES gave u the court date and fine?
  • I got caught stealing on post and the federal magistrate gave me a year of probation and a $600 fine. only because i had prior state misdameanors. It would have only been a fine, but he put my background in perspective.

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