Being the subject of a military investigation can be stressful. If you’re being investigated for wrongdoing by the military, you are probably wondering when or if you can see the evidence against you. Civilians accused of crimes have a constitutional right to due process, which means that they are entitled to see the evidence against them. This is known as a Brady Disclosure. However, civilians are not necessarily entitled to review this evidence until the case is brought to trial, and this is an important distinction that has major implications for how to handle oneself during an investigation. As we all know, civilian and military legal systems aren’t always the same, so you may be asking yourself, can I see evidence against me in in a military investigation?
Although the military uses its own justice system, completely separate from the civilian court system, it can sometimes be hard to figure out who has jurisdiction. If civilian police were involved, does the state have the right to prosecute? Does it matter where the crime took place? Does the civilian county prosecutor often give jurisdiction to the military? Military vs. civilian court: who receives authority and why? If you’re wondering who will take your case, we can help. Let’s delve into the facts involved and the typical response from civilian prosecutors . . .
In the United States and across the world, the right to remain silent is one of a suspect’s most valued and essential rights. The suspect can refuse to comment during an investigation or a court room, remaining silent when questioned and not speaking on his or her own behalf. Additionally, this right usually includes a stipulation that the judge or jury is not allowed to make negative comments about the suspect’s silence or to infer that the suspect’s silence indicates that they are guilty. However, you might wonder if this right applies to investigations and court-martials in the military as well. Do military members have the right to remain silent?
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The relationship between a client and his or her attorney is unique. Much like the relationship between a patient and his or her therapist, it is important that the client feels free to communicate candidly and frankly, without fearing a breach of confidentiality. That bridge of communication and trust makes it much easier for an attorney to give a client the help they need. To ensure that clients feel comfortable with their attorneys and that attorneys are fully prepared to defend their clients against charges, attorney-client privilege comes into play. So what is attorney-client privilege and how will it factor into your case? Let’s find out . . .
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Are you concerned because you’ve recently discovered that you’re being investigated for a crime under the Uniform Code of Military Justice (UCMJ)? Good! You should be. An investigation is a very serious matter, and you should immediately begin researching your rights during an investigation and consulting an attorney experienced in military law. To help you get started, we’ve compiled a short list of rights and reminders. Although this won’t replace the crucial advice an attorney could give you regarding your specific situation, it will help you learn a bit more about the process and procedures involved.
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There is a lot at stake during a court-martial. The verdict of the case could influence your career, your paycheck, your dignity, and even your family. To protect your life and loved ones, you need to hire the most competent and experienced lawyer that you can. Luckily, under the Uniform Code of Military Justice (UCMJ), you have the right to choose a lawyer with whom you are comfortable and confident, whether that person is a civilian lawyer or a military defense lawyer. “Why should I hire a civilian lawyer?” you might be wondering. “How will their services differ from those of a free military defense lawyer?” Scroll down to learn a bit more about your options.
If you’re facing a general court-martial, the number 32 will have special significance. After all, as general court-martials are reserved for the most serious offenses (crimes that civilians would commonly call felonies), the commander must first determine whether or not the evidence in the case supports the prosecution’s claim, and that decision is made through an Article 32 hearing.
So what is an Article 32 hearing? Scroll down to find out . . .
The military is unique in that it has its own criminal trial system. Conducted by the U.S. military, courts-martial are used to try members of the military who have criminally violated the Uniform Code of Military Justice (UCMJ). Like all American criminal courts, they’re adversarial proceedings, which means that attorneys represent the government and the accused. If you or someone you know is facing a court-martial, you will need to know which of the three types of court-martial it is—summary, special, or general—as this will undoubtedly affect how you proceed with the case.
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