Will My Case Be Dropped If Law Enforcement Didn’t Read Me My Rights?
If we can establish through evidence that law enforcement did not read you your rights, you can raise a motion to suppress the statement you made to law enforcement. It does not mean that your case will be dropped, but it could make you case significantly stronger.
Law enforcement uses various tactics to persuade an Accused person to waive their rights under Article 31(b), UCMJ, and under the Constitutional requirements found in the Miranda case. We have raised issues about the voluntariness of confessions on many occasions successfully, and subsequently had those confessions suppressed or highly mitigated.
If Law Enforcement Wants To Search My Barracks, Car, Or Person, Should I Consent?
We recommend that you not provide consent to law enforcement to search your property of any sort. Investigations are adversarily by nature, even if they tell you otherwise. They are not working in your best interests, regardless of whether or not they claim to be. That’s not their job. Their job is to investigate you and to find anything that might be incriminating in any way. Do not provide consent and request an attorney to advise you in interacting with them in the best possible manner.
How Long Could A Military Investigation Last?
The reality is that there is no timeline or speedy trial right which limits the possible length of a military investigation unless the accused person is placed in pretrial confinement or under certain restrictions. We typically see most investigations last between 4-12 months. Often the length of the investigation is inexplicable and the result of large caseloads or incompetent investigators. In other cases the delay is justified because of geographical complexities, deployed witnesses, forensic analysis, and more. There are a lot of factors and these cases can drag on for a long time.
How Does Your Firm Defend Sexual Assault Allegations Where They’ve Found DNA?
There are ways to attack a case that the prosecution brings when they believe they have DNA from our client. One way is with an analysis in the laboratory. Were the samples of DNA taken properly? Was there contamination? Were there issues with chain of custody? We always thoroughly investigate. Often, the defense in a case involving DNA is the defense of consent. If two individuals engage in a consensual sexual encounter, you would expect DNA to be found in or on the two individuals. The fact that DNA has been found in no way means that the government is necessarily going to win their case.
Are Incompetent Civilian Lawyers Flooding The US Military Justice System?
There is definitely a spectrum of quality of defense counsel. Even highly motivated attorneys can harm your case if they lack technical skill, intellect, or military justice experience. It’s really the responsibility of the client to fully research potential attorneys and ask the right questions before hiring.
What you can take to the bank is that we will work hard to turn over every stone, never back down, and fight hard for you. That cannot be said of every civilian defense counsel. Too many people don’t put in the hours, show up to court under prepared, and are too ready to cut deals. We will always be your biggest supporter and will fight at every step in the process.
