No Charges Brought Against Soldier
I am frequently asked whether a service member under investigation should retain an attorney prior to charges being officially preferred. Today I again learned why the answer is yes. I have been representing a soldier who was accused (not charged) of a violation of Article 120 (sexual assault.) Since no charges were formally brought, TDS could not represent him. The complaining witness did not report the incident for over a year, and during that year was often seen socializing with my client, and interacting with him on social media. In addition, there were several witnesses who saw her go voluntarily into his barracks room, contrary to her statement to CID. My client “lawyered up” and retained me. By providing all of this information to the prosecution, the case was listed as “unfounded” by CID, and no charges will be brought. If you are suspected of committing an offense under the UCMJ, do not speak to the command or the police without counsel present, and retain counsel immediately.