Know Your Rights
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Your Rights! – Don’t Waive Them!
Dec 12
Posted by: admin | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Wednesday, December 12th, 2012
- Right to Silence
- Right to talk to a lawyer
- Right to terminate or stop an interrogation
- Right to leave the interrogation
- Right to say “No” to a request for permission to search
1. Are you a military member (active, Reserve, Guard, discharged, or retired) who is under investigation, suspicion, …
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What should I do if I am suspected of a crime in the military?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Saturday, December 31st, 2011
Do not speak to anyone except an attorney. Immediately go to your base legal office, and speak to a defense attorney. You may also want to contact a civilian attorney with experience in courts-martial. Mr. Cassara has represented service members at court-martial before all the services. Contact him for a free confidential consultation….
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What if the military command wants to search my property?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Saturday, December 31st, 2011
You have the right to refuse to consent to the search. Although your commander or the investigators may not tell you of this right, it is still your right. Under no circumstances should you consent to a search. Make them get a warrant or command authorization. If you have consented to a search, you have the right to terminate that consent at any time. You also have the right to see any warrant or search authorization which allows for a search. If you are asked to consent to a search, or if you are shown a search authorization or command search …
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What are your Article 31 UCMJ rights?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Saturday, December 31st, 2011
1. No one subject to the Uniform Code of Military Justice may compel any person to incriminate himself or to answer any question the answer that may tend to incriminate him.
2. No person subject to the Uniform Code of Military Justice may interrogate, or request any statement from a person suspected of an offense without first informing him of the nature of the accusation, that he does not have to made a statement regarding the offense, and that any statement may be used against him as evidence in a trial by court-martial.
If you ar…
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What is your right against self-incrimination in the Military?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Saturday, December 31st, 2011
The military justice system provides an accused rights and due process that in many ways are superior to those provided a defendant in civilian criminal courts. Pursuant to Article 31, Uniform Code of Military Justice (Section 831 of Title 10, United States Code), service members have a right against self-incrimination and an entitlement to be informed of the suspected offense(s) before questioning begins. In addition to protecting the service member against self-incrimination, service members have a right to free military counsel when question…
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What is your right to counsel in the Military?
Dec 31
Posted by: William Cassara | Number of Comments: Comments Off
Category: Know Your Rights | Date Posted: Saturday, December 31st, 2011
A military defense counsel is provided free of charge regardless of the accused’s ability to pay. You should immediately contact the defense counsel on your base if you are suspected of a crime. In the Army, it is the Trial Defense Service. In the Air Force, it is the Area Defense Counsel. In the Navy it is the Legal Services Office. Do not speak to anyone except your attorney about the substance of your case. In particular, do not speak to co-workers, military investigators or your chain of command about the charges of which you are suspected….