You need to know your rights as a military member. As a military member, you have probably spent your entire career defending the rights that the U.S. constitution provides to the country’s citizens.
But are there any rights reserved for military members who are facing criminal charges?
While some people assume that service members waive these rights in order to serve and protect, the reality is that they still enjoy the same rights as civilians. The U.S. government has passed many laws developed to protect military members – even in the face of criminal allegations – and it is important to understand them.
However, when you are being questioned or detained, you must be advised of your legal rights by a qualified military defense attorney. Here are some of your rights as a member of the military.
Article 31 Rights
Article 31 (b) Rights of Uniform Code of Military Justice (UCMJ) states that when a service member is suspected of committing a crime and a military investigator wants to interrogate them, the suspect must be advised of their constitutional rights under Article 31. Generally, under Article 31 Rights of UCMJ, you have a right to:
- Be informed of the area of suspicion and the circumstances surrounding the event
- Remain silent (and the consequences of making a statement)
The Right to Have a Military Defense Lawyer
If you are being advised of your rights, then there is a good chance you are suspected of an offense. In that case, you have a constitutional right to counsel. You reserve the right to consult an attorney before recording a statement and having your counsel during questioning.
Whether you are guilty of military misconduct or not, you should not face the investigators on your own. The worst mistake you can make is to try walking your way out of trouble. Remember that investigators are trained to obtain confessions from suspects.
They are even authorized to withhold information related to the nature, existence, and extent of the evidence against you. Therefore, if you have been informed about your offenses, consider contacting a civilian lawyer to discuss your options.
The Right to Refuse Consent
If you are being investigated or interrogated, you may have a right to refuse consent to searches of personal belongings such as a car, home, computer, and more until presented with a warrant. The same can apply to blood, urine, and other bodily fluids searches.
Seek Experienced Military Counsel
As a military member, it is essential to understand your military legal rights before making any statement during interrogation. You have a right to be informed of your crime, a right to remain silent, a right to refuse consent, and a right to seek legal representation.
If you are suspected of committing an offense, we suggest you seek legal help from one of the military defense attorneys at Golden Law Inc. Our law firm defends military members against court-martial and other disciplinary cases. Contact us online or call us at 949-491-1661 to schedule a consultation with our legal professionals.
