What is Preferral of Charges in the Military?
Preferral of charges in the military is a formal process in the military where an officer, typically a commanding officer, presents charges against a service member who has allegedly violated military law. It is the first formal step in the court-martial process. Charges may be preferred against a person by any other person subject to the UCMJ.
Prior to preferral of charges, a client has limited rights. Preferral sets off a number of rights for a client, but before that the case is typically merely under investigation.
There are a number of things our clients can do to help themselves through the assistance of their attorneys prior to preferral. In some cases, we assist a client in putting together a statement for the investigators. In other cases, we encourage our clients to remain silence since their silence cannot be used against them.
Prior to hiring us, many of our clients feel totally in the dark prior to preferral. When we are hired, we go to great lengths to get status updates and a feeling for the direction a case will go. This simple information is often very helpful to calm the nerves and anxiety our clients feel.
The Process of Preferral of Charges
The preferral of charges process begins with an investigation into the alleged misconduct. Once the investigation is complete, a report is generally forwarded to the commanding officer, who will decide whether to initiate the preferral of charges. There is a slightly different process with sexually assault allegations and the commanders and JAGs involved in the decision making process.
If the commanding officer decides to initiate the process, they will draft a document known as the “charge sheet.” The charge sheet specifies the charges against the accused, including the alleged offenses and the applicable UCMJ articles. The charge sheet is then delivered to the accused, along with a “notification of preferral of charges,” which informs the accused of the charges against them and their right to counsel.
The accused has the right to retain civilian counsel or request military counsel from the judge advocate general (JAG). Military counsel is provided free of charge to the accused, and their role is to advise the accused on their legal rights and options during the legal proceedings.
If the charges are preferred with the intent to proceed to a General Court-Martial, an Article 32 hearing will be ordered.
Otherwise, the preferred charges will be forward to the Court-Martial Convening Authority who makes the decision whether to order a Court-Martial for the preferred charges.
What To Do After Preferral of Charges
Preferral of charges is the first step in the military justice system and can result in serious consequences for the accused. It is essential to understand the preferral of charges process and the options available, including the right to legal counsel and the right to request a hearing.
If charges have been preferred against you, you are strongly encouraged to give us a call to discuss your case. It’s important to understand different perspectives about they best way to get you through a federal criminal trial. Our initial consultation is FREE and without obligation.
