Your unit can place you in pre-trial confinement. They have to establish that you committed a crime, are likely to continue to commit serious crimes, that you are a flight risk, or that you are a danger to yourself. If a commander orders you into pre-trial confinement, there will be an initial documentation of the detention and then a longer written justification within 72 hours of the detention. Within 7 days, you will have a right to a pretrial confinement hearing. You have a right to military and civilian counsel at the hearing, but you do not have a right to delays to make them available in many instances. Act quickly because it is exceedingly more difficult to be released after the 7-day hearing.
They also can restrict your liberty in other ways. The military has a lot of control over your life when you are in the military. When it comes to being under investigation, they can restrict you on the base. They can also give you military protective orders to keep you away from witnesses, alleged victims, and other people. The military has a lot of ways to control your whereabouts and you have to comply with those things if they are lawful orders.
Is It Possible That My Case Could Be Disposed Of Before Going To Trial?
It is definitely possible that your case could be disposed of before going to trial. In many cases we are able to end the case with witnesses withdrawing their support, proof of new facts, alternative disposition agreements (discharge in lieu of trial), and more. Our goal is to get the best outcome for you. Sometimes, there are alternative dispositions, where a pre-trial agreement is reached and someone is charged with a lesser crime and spends zero time in jail or agrees to resign from their service. Decisions about how to deal with your case need to be made through the advice of a trusted and experienced attorney.
A Free Military Defense Lawyer Spoke To Me About My Case. Why Should I Pay You To Represent Me?
Military defense lawyers are often very inexperienced. Military members who are defense lawyers are often trusted in positions of authority without a lot of experience. They are learning on the job. Do you want someone who is learning on the job or someone who already knows what they are doing? It is also beneficial to have an attorney who doesn’t have any of the restrictions of being a military member. Sometimes, a Captain or a Lieutenant, who has to work with the military judge and the senior members of their JAG organizations, doesn’t want to ruffle any feathers and isn’t willing to make tough calls. You want someone who doesn’t have to worry about those things and has handled thousands of cases and hundreds of trials. There’s no substitution for experience.
