Understanding Your Rights as a Military Member: Guidance from a Jacksonville Military Defense Lawyer

Knowing your rights is your first line of defense if you’re facing court-martial, administrative actions, or any other legal challenge. Matthew Thomas Law, PLLC, is committed to empowering military members with the knowledge they need to make informed legal decisions. Let’s look at some of the basics, starting with the UCMJ.

The Uniform Code of Military Justice (UCMJ)

The UCMJ serves as the foundation of military law in the United States, governing the conduct and justice system for members of the armed forces. It grants certain rights and protections to military personnel facing legal proceedings. Article 31 states:

(a) No person subject to this chapter may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him.

(b) No person subject to this chapter may interrogate, or request any statement from, an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.

(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him.

(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial.

Right to Remain Silent

Military members have the right to remain silent and cannot be compelled to incriminate themselves. This protection against self-incrimination ensures that individuals are not forced to testify against their own interests during legal proceedings.

An Important Note On the Nature of Accusations

Investigators are not required to provide detailed, complete information about accusations during questioning, but they must give a general frame of reference. This means the specificity of accusations can vary greatly.

Right to Refuse Consent

The best defenses start before any charges are brought against you. Therefore, you need to know that you have the rights! This includes the right to refuse consent to the search of your property or body.  This can be especially important in cases involving testing of electronic devices. An experienced attorney can guide you on if, and when to refuse consent. 

Right to Counsel 

Military members have the right to legal representation prior to the commencement of any legal proceedings, such as court-martial trials and administrative actions. The right to have an attorney present starts when questioning by command members or law enforcement begins. Therefore, you have the right to be represented by military defense counsel or to retain civilian counsel. 

The problem with military defense counsel is that they typically cannot accompany you to interviews or interrogations until charges have already been brought against you.  When your life and career are on the line, it's best to take every precaution and consult with an experienced military defense attorney before making any statements to your command or law enforcement officers.

How Matthew Thomas Law, PLLC Can Help With Your Case

From negotiating with military prosecutors to representing you in hearings or trials, we provide comprehensive support to address all aspects of your case and help you get the most favorable outcome possible. Contact us today to schedule a consultation.

Don’t Wait to Get Representation for Your Military Case

Get real experience and knowledge on your side today. At Matthew Thomas Law, PLLC, we are dedicated to advocating for military members in Jacksonville, North Carolina, Camp Lejeune, MCAS Cherry Point, and beyond. Trust our team to provide skilled counsel and strategic representation. Contact us now to learn more about how we can help protect your rights.