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 … Read more
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 … Read more
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 … Read more
You will be contacted by an attorney from the Defense Appellate Division for your service. If you are in confinement, the counselors can advise you as to how to contact that attorney. You should consider whether you want to retain a civilian attorney to represent you. Every case is different, and some lawyers are more … Read more
Courts of Criminal Appeals or the Court of Appeals for the Armed Forces can overturn a court-martial conviction in whole or in part. They can dismiss some or all of the charges. They can order a re-hearing, or “re-assess” the sentence of a trial court. An attorney with experience in court-martial appeals can best advise … Read more
In some cases, the court can order a “DuBay” hearing, in order to gather more facts about the issues raised on appeal. Or, the court can take action on your case without the filing of briefs or the hearing of oral argument.
There is no clear answer to this. In some cases, it can take years before all of the appeals are over.
Your appellate lawyer, whether it be an active duty JAG or a civilian attorney, is responsible for preparing a “brief” or written pleading, to present to the Court of Criminal Appeals. This is done by carefully reading the record of trial, or transcript, and identifying legal issues that may result in relief for the client. … Read more
Contact your base defense counsel. 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 … Read more
The differences are numerous. The military requires an Article 32 investigation, in which the accused is present, and his or her counsel may ask questions of the witnesses. In addition, at a court-martial, the verdict does not have to be unanimous (except in order to impose the death penalty) and the “convening authority” (usually the … Read more