Protecting Your Rights in a Military Court Room
Military members accused of a crime under the Uniform Code of Military Justice have the right to hire a civilian attorney in their defense. The Government is obliged to provide a uniformed military defense attorney free of charge to each military member who has been given a charge sheet. The outcome of a military court-martial depends on the facts of the case and the skill of your defense attorney.
Your Legal Rights
A uniformed military attorney is assigned to your case when you receive a charge sheet. But what happens while the commander and the investigative service (NCIS, CID, CGIS, or the AFOSI) analyze the facts and determine whether a case merits legal proceedings or non-judicial punishment? What are the long-term effects of military legal actions against you vice the non-judicial punishment? Which one is better for your particular situation?
Military Charge Sheet
A military member can go to the legal office and talk to a defense counsel who will tell you that until you receive a charge sheet they can’t help you. They will advise you to not make statements to the investigative service and they will tell you not to talk to anyone about your case. They can advise you if your commander is offering you non-judicial punishment instead of a court-martial. That decision depends entirely on the specifics of your case and your long-term life goals. The problem is they don’t really represent you until after a decision is made to charge you.
The Best Defense Starts Early
The best defense is to think about all your actions before you do something. If there is any concern that anything you do or say might violate the UCMJ, you should talk to your chain of command, review the operating and/or safety regulations in your unit, and/or talk to the legal office on the base. If the command has started an investigation into you or your friends’ actions, the best defense is to not make any statements and seek an attorney. Remember attorneys cannot counsel you unless they are hired or in the case of your uniform military attorney, you have been charged under the UCMJ.
Tags: court-martial, Criminal Defense, Legal Rights, military law, Puckett Faraj, UCMJ
