An off-base arrest near Naval Base Kitsap will almost certainly reach your command through civilian law enforcement notification or the military justice system. When it does, military proceedings can begin independently of your civilian case, and the two run simultaneously. How quickly you act and who you call first determines how much of your career you can protect.
You were arrested off base. Maybe it was a DUI in Port Orchard. A fight outside a bar in Bremerton. A domestic incident. Whatever the charge, you are now wondering whether your command will find out and what happens to your career if they do. The answer to the first question is almost certainly yes. The answer to the second depends on what you do in the next 48 to 72 hours.
LaCross Law has both sides covered. David LaCross handles the civilian criminal case, the charge filed in a local court that goes on your permanent record. Patrick McLain served as a prosecutor, defense counsel, and military judge at courts-martial in his twenty years in the US Marine Corps. He has over 40 years of military legal experience and can handle anything that runs through your command.
Your Command Is Going to Find Out
This is the assumption you need to start from.
Civilian law enforcement in Kitsap County routinely notifies Naval Base Kitsap through military liaison officers when a service member is arrested. That notification system has existed for years. But there is now a second mechanism that catches sailors who think an off-base arrest in another city, or even another state, stays private.
The continuous evaluation system is an automated federal background check program that monitors service members and reports arrests to their security managers on an ongoing basis. It is not a periodic review. It runs continuously. An arrest anywhere in the country can trigger a notification to your command within days.
There is no scenario in which keeping your head down and hoping no one finds out is a viable strategy. The only real question is whether your command hears about it from you first or from someone else.
The Self-Reporting Question
Navy officers have a duty to report civilian arrests to their command. The requirement exists so the Navy can monitor personnel readiness, welfare, and deployability. You are required to report the arrest and the jurisdiction, not the details of what happened.
That last point matters. You are not required to discuss the facts of the incident with your command. What you say beyond the basic report, and how you frame it, can have significant consequences for any subsequent military proceedings. You can have your attorney make the report for you.
There is also an important legal nuance worth knowing: a 2009 Navy-Marine Corps Court of Criminal Appeals case found that a mandatory arrest self-reporting requirement was unconstitutional under the Fifth Amendment in certain circumstances. This is precisely why the first call after an arrest should be to an attorney, not to your commanding officer. Get legal advice on how to report before you report.
What Your Command Can Do After an Off-Base Arrest
A civilian arrest does not automatically trigger military punishment, but it often does. Here is what your command may initiate independently of whatever happens in civilian court:
Non-Judicial Punishment / Captain’s Mast
For many off-base arrests, the command’s first response is Captain’s Mast under Article 15 UCMJ. Your commanding officer can impose reduction in rank, forfeiture of pay, extra duty, and restriction without a court-martial, without a civilian conviction, and sometimes before your civilian case has even reached a preliminary hearing. If you are an officer, though the punishments are less severe, the case will go to adverse separation proceedings known as a Board of Inquiry or show cause hearing. That is why any servicemember being offered nonjudicial punishment should give serious consideration to, and discuss with an attorney about, the right to refuse that nonjudicial punishment.
Administrative Separation
An arrest, even without a conviction, can trigger separation proceedings for enlisted personnel, as well. The characterization of that discharge matters enormously. An other-than-honorable discharge affects benefits, employment, and your record for life.
On-Base Driving Privileges
Even for an off-base arrest, your command can suspend your on-base driving privileges. For a first-offense DUI, that suspension is typically one year. For sailors whose role requires driving on base, this has immediate operational consequences.
Security Clearance Review
Your security manager is typically required to file an incident report following an arrest. That triggers a clearance review. Adjudicators consider the nature of the offense, your conduct before and after, and whether there is a pattern.
Under Guideline G of the National Security Adjudicative Guidelines, a DUI is explicitly listed as an alcohol-related incident that can raise security concerns, regardless of how often the individual drinks or whether they have been diagnosed with a disorder.
A single DUI can prompt a difficult review. Multiple incidents or evidence of an ongoing problem put the clearance at serious risk.
Gun Rights
This one catches many sailors off guard. A felony conviction strips you of your right to possess firearms under federal law. For service members whose role requires handling weapons, which covers most enlisted rates and many officer billets, a felony conviction does not just affect your career. It ends it.
The Two Cases Run Simultaneously
The civilian criminal case and the military review do not wait for each other. Your command can impose Captain’s Mast before your civilian case is resolved. A civilian conviction can trigger further military action after the fact. And decisions made in one proceeding, such as a plea agreement, a statement to civilian law enforcement, or a stipulation of facts, can directly affect the other.
This is one of the most dangerous aspects of being a service member facing civilian charges. Without coordinated defense across both systems, you risk making a decision in civilian court that inadvertently damages your position before your command.
Learn more about how LaCross Law handles dual military and civilian charges.
What to Do Right Now
The steps taken in the hours after an off-base arrest shape everything that follows:
- Do not speak to police beyond providing identification. You have the right to remain silent. Use it.
- Do not discuss the details with your command until you have spoken with an attorney about how to report.
- Do not post anything on social media about the arrest or the incident.
- Write down everything you remember about the arrest while it is fresh.
- Call an attorney before you do anything else. Both the civilian case and the military review need to be managed from the start, not after you have already made decisions that limit your options.
Two Attorneys. One Firm. Both Tracks Covered.
Most service members facing an off-base arrest have to find a civilian defense attorney and a military attorney separately (and hope they coordinate).
At LaCross Law, David LaCross handles the civilian criminal case in Bremerton Municipal Court, Port Orchard Municipal Court or Kitsap County Superior Court. Patrick McLain handles everything that runs through the UCMJ. Both sides of your case covered at the same firm from the start. Schedule a consultation with LaCross Law today.
Frequently Asked Questions About How Off-Base Arrests in Kitsap Affect Military Careers
1. Will my command find out if I am arrested off base near Naval Base Kitsap?
Almost certainly yes. Civilian law enforcement in Kitsap County notifies base liaison officers when a service member is arrested. The continuous evaluation system also monitors service members and automatically reports arrests to security managers on an ongoing basis. There is no realistic scenario in which an off-base arrest stays private.
2. Am I required to report my arrest to my command?
Navy officers have a duty to report civilian arrests. You are required to report the fact of the arrest and the jurisdiction, not the details of what happened. Before you report anything, speak with an attorney. How you report matters as much as whether you report, and certain Fifth Amendment protections may apply depending on your circumstances.
3. Can my command punish me before my civilian case is resolved?
Yes. Your command can initiate Captain’s Mast and impose punishment independently of whatever is happening in civilian court and often before the civilian case reaches a preliminary hearing. The two processes run simultaneously on separate timelines.
4. What happens to my security clearance if I am arrested off base?
Your security manager is typically required to file an incident report following an arrest, which triggers a clearance review. Adjudicators consider the nature of the offense, your conduct before and after, and any pattern of behavior. Alcohol-related offenses receive particular scrutiny. Learn more about how our attorneys can help you fight to preserve that security clearance through LaCross Law’s military defense practice.
5. Can an off-base arrest affect my ability to handle firearms on duty?
Yes. A felony conviction results in loss of firearm rights under federal law, as do certain domestic violence convictions. For service members in roles that require handling weapons, this is typically career-ending. Even before conviction, an arrest can trigger operational restrictions depending on your command’s response.
6. Who handles the military side of my case at LaCross Law?
Patrick McLain, who served as a prosecutor, defense lawyer, and court-martial trial judge in his 20 years in the US Marine Corps and has over 40 years of military legal experience, handles military justice proceedings. David LaCross handles the civilian criminal case. Both are at the same firm, which means your defense across both tracks is coordinated from the start.
7. What is the most important thing to do immediately after an off-base arrest?
Call an attorney before speaking to your command, before speaking to police beyond basic identification, and before discussing the details with anyone.
