Sometimes military prosecutors charge Soldiers with making a “false official statement” in violation of Article 107 of the U.C.M.J. anytime they feel like they want to bulk up the charge sheet. However, a lie does NOT amount to a false official statement, unless it is actually “official.” This is true even if the lie was to a cop! Recently, the United States Court of Appeals for the Armed Forces in United States v. Spicer held that in order to qualify as a false official statement, a Soldier’s lie has to be told pursuant to his specific military duties. For example, simply telling an investigator that you didn’t commit a crime, when you actually did does not necessarily qualify as a false official statement. To fall within the scope of Article 107, the statement has to clearly and directly relate to the Soldier’s military duties. If you have been convicted at a court martial or even received an official reprimand for making a “false official statement” in violation of Article 107, you may be entitled to some relief. Likewise, if you are currently being wrongly accused of making a “false official statement,” this recent ruling may be extremely important to your particular case. Please contact me for a free consultation immediately if you believe this applies to you. I am here to help.
Recent Accomplishments
CAAF Sets Aside Sentence in Case After Improper Argument by Prosecutors
February 25, 2021
Navy Discharge Review Board Gives Navy NCO Great Result
January 11, 2021
CAAF Argument- November 17, 2020
November 29, 2020
CAAF Excludes Evidence From Faulty Search and Seizure
November 19, 2020