It is scary to be accused of a crime, especially as a military member. You’ve worked long and hard to build your military career, and you may be afraid of losing everything. Here’s what to expect if accused of a military crime.
Maybe you learned that you tested positive on a urinalysis. Maybe you’ve been read your rights. Or maybe you’ve been interviewed by military investigators, accused of something as serious as sexual assault.
In any case, the scariest part is the unknown – you don’t know what is going to happen next. Here’s what to expect when you are accused of a military crime.
Immediately After You’ve Been Accused
Soon after you have been accused of a crime, you should expect military investigators to get heavily involved. They may ask you for consent to search your home, workplace, phones or computers. They may also ask to swab your cheek for DNA analysis or request a password for all your personal devices. It is important that you know what is coming and make smart decisions about what you may or may not want to give to military investigators.
If you have not been interviewed by investigators already, you will be. But before military investigators talk to you, they must advise you of your rights under Article 31, Uniform Code of Military Justice. As part of that process, they must explain your basic rights: (1) your right to remain silent, that is to say nothing at all; (2) your right to consult with an attorney, including a military attorney free of charge; and (3) your right to stop answering their questions at any time. Prior to asking you questions, military investigators are also required to tell you what you are accused of doing. Knowing the details of the accusation is important when you decide whether to talk to investigators or invoke your right to remain silent. Important: your choice to remain silent can never be held against you.
During the Investigation
While the investigation is ongoing, you should be working with an experienced defense attorney. You will be assigned a military defense attorney free of charge, or you can hire an experienced civilian defense attorney. Your attorney should be able to give you regular updates about your case.
There are some things you should expect in almost every case. First, and especially if you are accused of sexual assault, you should expect to receive a protective order, That means you cannot contact the person that claims you sexually assaulted them. Like any military order, it is important that you strictly comply with the protective order. Violating a protective order could mean more legal trouble for you and could be used as evidence against you in a criminal trial.
Second, if you are scheduled to deploy, separate, retire or even relocate, you should expect to be placed on hold. During this hold, you may be reassigned to a different work center or unit. It may feel as if your leadership has abandoned you or that the military no longer trusts you to do your job. Try your best to overcome those feelings. It is important that you stay focused and work hard. How you respond to these difficult circumstances will say a lot about you and your character, especially if your case goes to trial.
Finally, you should expect military investigators to contact your friends and family. Investigators will ask them questions about you and your life. This process can feel very invasive and personal. It is important that you do not talk to potential witnesses. For example, telling your friends or family not to talk to military investigators may be evidence of obstruction of justice. You should never interfere with a military investigation.
Military investigations can last a long time – some longer than a year. Stay patient and work with your defense attorney. There are things you can do while the investigation is happening that could improve your case. Consult closely with an experience defense attorney to make sure you are doing everything you can to overcome these accusations.
After the Investigation
When the investigation finishes, military prosecutors will get involved and begin working with your command. They will recommend certain charges be brought against you and that you face certain punishment.
In the military, being charged with a crime is called “preferral of charges.” Even before this happens, you should be working closely with an experienced defense attorney to make sure your interests are being protected. You want someone fighting for you at every stage.
If charges are preferred against you, the process towards a court-martial begins. You should expect a preliminary hearing, “referral” of charges, and an arraignment, when you first appear before a military judge. At every step along the way, you need an experienced defense attorney representing your interests.
Although it can be scary to be accused of a crime and face the military justice system, having an experienced defense counsel by your side will ensure that your case ends with a just result.
