Military Justice

Prosecution
Prosecution under the UCMJ is a serious matter.  Convictions not only affect your career but your entire future. A court-martial conviction is a criminal conviction and gives you a criminal record. The key to success in any trial is hard work and preparation.  Often this process begins before charges are proffered.  Witnesses can be identified.  Documents can be obtained.  Rights can be protected.  Sometimes a court-martial can be avoided.  Often, the key to success is found in the decisions made earlier in an investigation.  Remember, a civilian lawyer can work with your military lawyer to ensure the best defense possible.

Article 31
It is always wise to consult a lawyer before being questioned by investigators or your chain of command when you are suspected of an offense.  If you are read your rights, first talk to a lawyer.  The Military Justice Center can assist you before a military lawyer is even assigned to your case.  Often military lawyers are not assigned prior to formal charges.  By then it is sometimes too late.  Every service member should understand his rights and protect them.  It is very important to understand your rights under Article 31 of the UCMJ. Article 31 of the UCMJ applies to any questioning of a service member suspected of an offense, even if you are not in custody. In short, you have the following rights:

 •  To be advised of the offense you are suspected of committing.

 •  The right to remain silent, that is say nothing at all.

 •  To be advised that anything you say may be used against you.

 •  The right to speak with an attorney and have an attorney present during questioning.

 •  The right to retain a civilian attorney.

 •  Remember, if you ask for an attorney, all questioning must stop.
 

Article 15
Although an Article 15 is less serious than a court-martial, it can have a devastating effect on your career.  For NCOs it can mean lost promotions and sometimes lost retirement.  Never accept an Article 15 without consulting a knowledgeable and experienced lawyer.  Sometimes it is better to demand Court-Martial.  Many times it is not.  An experienced lawyer can assist you in making this difficult decision. Accepting an Article 15 does not mean you concede your guilt or punishment.  You can accept an Article 15 and maintain your innocence before your commander.  You also have the right to bring a spokesman on your behalf.  Active Duty military lawyers can advise your decision to accept an Article 15.  However, they generally do not go with you before your commander.  A civilian lawyer can act as your spokesman.  I represented many  soldiers before commanders.

Discharge
These can range from letters of reprimand to discharge proceedings.  The consequences of an adverse administrative action can not be underestimated.  Take them seriously and know your rights.  Discharges for misconduct or unsuitability can affect your rights as a veteran and cause significant hardship even if under “honorable conditions”.  Before you act or respond talk to an experienced lawyer. Never take “legal advice” from your chain of command or even fellow soldiers.  Even when this is done in good faith it can be drastically wrong.

Reprimand
The key to successfully overcoming an adverse administrative action is an effective and vigorous written response or appeal.  In most of these cases there is no opportunity to “face your accuser” or speak to the board or commander making the decision.  Therefore, you have only one shot at getting the decision makers' attention.  Make it good.  An experienced lawyer, familiar with the relevant military regulations and especially the military culture can make a significant difference.

Civilian Life
Very often legal matters in civilian courts affect Military personnel in unique ways.  A soldier, sailor, airman or marine must know that a civilian criminal charge can frequently lead to adverse administrative actions by the chain of command.  This is not double jeopardy.  Even when the military member is acquitted, adverse military actions can follow.   Charges and convictions can lead discharges under Other than Honorable conditions, relief for cause, bad evaluations and reprimands. If you are in the military and are facing civilian criminal charges in State or the Federal court, consult a lawyer familiar with the military community and culture.