You also have the right to speak to a military attorney at no expense to you prior to any questioning. You have the right to have either or both of those attorneys present during any questioning.
Do you need a lawyer to be questioned in the military?
If you have already been interrogated the first and best thing you can do to help yourself and your military lawyer at this point is to sit down and make a complete and detailed account of what happened. Write down who was there, what was said, and what was done. Be as detailed as possible, memories fade and your notes will be very helpful later on.
Are there any civil matters for which Military Legal Assistance Attorneys cannot help?
Many civil legal matters can be handled by a military legal assistance attorney at no cost to servicemembers. Civil matters include landlord-tenant disputes, wills and trust, family law (including divorce, separation, custody, and child support), naturalization, consumer issues (including debt collection, consumer scams, identity theft), powers of attorneys, advanced …
Where can I find a military lawyer?
It is quite common to encounter an inexperienced uniformed judge advocate, sometimes right out of law school. With little to no exposure as practicing attorneys in military law, these newly minted judge advocates are routinely detailed to servicemembers suspected of misconduct by the government, even though they have never argued in front of a military judge or represented an …
Can a military lawyer represent you pro bono in court?
Military Law Information. Rights Under Article 31(b), UCMJ. Military members enjoy the same rights against self-incrimination as any United States citizen. As a military member, you do not have to say or do anything that might tend to incriminate you. Too often, military members think that they can simply talk their way out of a difficult ...
Do servicemembers have the right to counsel?
United States v. Pinson, 56 MJ 489 (servicemembers have a right to counsel, including the right to a lawyer appointed free of charge, at the pretrial stage, trial stage, post-trial stage, and the appellate stage, and a concomitant right to confidential communications between the attorney and client).
Do I have to talk to OSI?
You cannot be compelled or forced to talk to CID, NCIS, OSI, CGIS, or any other military law enforcement person about an alleged crime involving a family member. It doesn't matter whether you are in the military yourself. The investigator's will not tell you that you can't be forced to talk with them.
What are the Article 31 rights?
Self-Incrimination Protections. Pursuant to Article 31, Uniform Code of Military Justice (Section 831 of Title 10, United States Code), servicemembers have a right against self-incrimination and an entitlement to be informed of the suspected offense(s) before questioning begins.
What is a military legal hold?
You may be in pre-trial confinement or restriction, but at the very least, you will likely be placed in “legal hold” during the entirety of the investigation. This legal hold status can prevent deployment, promotion, transfer, or release from active duty.
Can OSI investigate civilians?
Civilian Agent. Office of Special Investigations (OSI) Special Agents are a mix of active duty officer and enlisted personnel, civilians, and reservists who share a common desire, to serve their country as a member of the Department of the Air Force's premier investigative agency.
Can the military search your phone?
Do I have to provide my cell-phone to military law enforcement? The short answer is that we would not recommend ever consenting to a search of your digital world - computers, phones, cameras. If law enforcement wants to seize a phone, the 4th Amendment, US Constitution requires them to obtain a warrant.Jan 29, 2017
What is an Article 134 in the military?
Adultery in the military is addressed under Article 134 of the UCMJ, also known as the “General Article,” which is a list of prohibited conduct that is of a nature to bring discredit upon the armed forces or is prejudicial to good order and discipline.
What is an Article 32 in the military?
(Art. 32) Whenever practicable, the preliminary hearing officer shall be equal to or senior in rank to the government and defense counsel. A victim may not be required to testify at the preliminary hearing. A victim who declines to testify shall be deemed to be not available for the purposes of the preliminary hearing.
What is an Article 92?
Article 92 defines disobeying a direct order as three types of offenses - violations or failures to obey lawful general orders or regulations, failures to obey other lawful orders, and dereliction of duty. Article 92 charges are common in many prosecutions.
What is the 48 hour rule in military?
The military justice system follows the civilian requirement that a review of the decision to confine the person be conducted within 48 hours. Within 72 hours, the military member is entitled to have his commanding officer review whether his continued confinement is appropriate.
What is Article 13 in the military?
Article 13 of the Uniform Code of Military Justice (UCMJ) prohibits the imposition of punishment or penalty upon an accused prior to trial, as well as pretrial arrest or confinement conditions which are more rigorous than “the circumstances required” to ensure the Soldier's presence at trial.
What is Article 91 of the UCMJ?
Understanding Article 91 (Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer) of the UCMJ. The purpose of Article 91 is to protect warrant, noncommissioned, or petty officers from disrespect and violence as well as ensuring obedience to their lawful orders.
Formation of Attorney/Client Relationship
- The attorney/client relationship is formed when the defendant seeks advice or assistance from the defense lawyer; the advice sought is within the defense lawyer's professional competence; the defense lawyer agrees to render such assistance; and, it is reasonable for the defendant to believe the defense lawyer is representing him. It is important to understand when the attorney/client rel…
Defense Lawyer's Duties to Defendant
- The defense lawyer is obligated to hold strictly confidential all conversations and other communications with the defendant, including all information which the defense lawyer receives from the defendant during the course of representation. The defense lawyer must pursue the representation conscientiously and without delay. It is important for the defense lawyer to work …
The Attorney/Client Privilege
- At the time of the initial meeting with the defendant it is imperative for the defense lawyer to explain privilege and confidentiality. Background The attorney/client privilege is an evidentiary rule that protects both defense lawyers and defendants from being compelled to disclose confidential communications between them that are made for the purpose of furnishing or obtaining legal ad…
Developing The Attorney/Client Relationship
- The most neglected person in any criminal litigation is often the defendant. Defense lawyers sometimes spend so much time preparing for the case, dealing with the other counsel and the court that they often forget about building a relationship with the defendant. Typically, each case has a "critical point" where the defense lawyer urges the defendant to take his advice. The defen…
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