Questioning About a Military Sexual Assault Allegation
You should never make a statement without an attorney present and without preparing in advance. When they read you your rights, exercise those rights and do not make a statement, regardless of whether or not you feel like you can to get yourself out of trouble or clarify the situation. It’s never a good idea to do that without an attorney walking you through and preparing you for your statement to the investigators.
What If I Already Gave A Statement On A Sexual Abuse Allegation Without An Attorney Present? Can That Be Used Against Me?
Your statements can absolutely be used against you. If you were read your rights and sometimes even if you weren’t read your rights, depending on the circumstances, your statements can be and will be used against you in court or in administrative actions. Many of our clients make statements to investigators prior to hiring us and we separate ourselves from other attorneys by knowing how to deal with those statements and even use them to your advantage.
The key is to have an attorney capable of explaining and handling a prior statement of their client. On one hand, a clever attorney may take a statement the prosecution uses and demonstrate how that statement is actually helpful to the defense. A good defense attorney may be able to establish that it was a coerced confession. An outstanding attorney may even be able to argue that the statement shouldn’t be allowed in evidence at all.
What Are The Types Of Court Martial? What Are The General Differences?
There are three types of Courts-Martial: General Courts-Martials, Special Courts-Martial, and Summary Courts-Martial. The General Court-Martial is a felony level court martial, where the maximum possible punishment is well over a year and sometimes up to life in prison, or the death penalty. Special Courts-Martial are more like a misdemeanor court. The maximum punishment is up to one-year confinement. The conviction is generally considered a misdemeanor level, but you can still have a jury trial and you can still lose your career. Summary Courts-Martial are for non-judicial punishment. They are not actual convictions, according to Supreme Court rulings, but you can go to jail for up to 30 days, if you are a junior enlisted person. You can certainly lose your career, but you cannot receive a punitive discharge.
As My Attorney, Can You Help Me In A Sexual Assault Investigation Even Though No Charges Have Been Filed Yet?
Bringing civilian defense counsel onboard early in the investigation sends a message to both your command and to the investigators that you are taking this seriously, that you are innocent, and that you are going to fight this until you achieve justice. An attorney can be a conduit to obtain information from investigators, to interface with investigators, and to help resolve investigations early by providing them with information that might be exculpatory.
Sometimes, a polygraph might be appropriate, but never without the advice of counsel. We don’t normally advise our clients to take polygraphs, but it may be appropriate in a certain situation. We can also receive information for you about the investigation from the prosecutors. We can help shape the investigation by assuring that you do not make any mistakes in the process by providing them information that might be harmful to you or perceived in a negative light.
For more information on Sexual Assault Allegations In The Military, an initial consultation is your next best step.
