A. If you are asking yourself whether or not you need a lawyer, then you probably do. Please call Matthew Thomas Law, PLLC to schedule a consultation.

A. Military service members have specific rights under Article 31(b) of the Uniform Code of Military Justice (UCMJ) that are afforded to them earlier than civilians. These rights are commonly referred to as the military’s version of “Miranda Rights.”

A. Your Article 31(b), UCMJ rights are generally known as the following rights:

No service-member or law enforcement officer may interrogate or request any statement from an accused or person suspected of an offense without first telling them:

• The nature of the accusation or what they are being investigated for;

• That they have the right to remain silent;

• Any statement they make may be used against them in a trial by court-martial (or any court of law).

A. If you are suspected of committing misconduct and your command or any member of law enforcement is attempting to interview you, then your Article 31(b) can be invoked.

A. Before you speak to law enforcement officers or your command it is essential that you speak to Matthew Thomas Law, PLLC before doing so. Only after speaking with an experienced defense attorney should you consider making a statement.

A. An arraignment is the first formal court hearing once the charges have been referred to a court-martial. At this hearing, the military judge will advise you of certain rights and read you the charges being prosecuted by the trial counsel. The military judge also requests that the accused enter pleas to the charges and plead guilty or not guilty to the charges referred against him/her, or preserve the option and reserve pleas in accordance with the Trial Management Order (TMO).

A. There are three (3)

• Summary Court-Martial

• Special Court-Martial

• General Court-Martial

A. A summary court-martial is a disciplinary proceeding meant to adjudicate minor offenses with a simple hearing.

A. No. An accused does not have a right to be represented by military defense counsel at a summary court-martial proceeding, however the accused can hire and consult with a private attorney. Because the defendant is not guaranteed the right to counsel and is not afforded his/her 6th Amendment right a summary court-martial is not considered a "criminal prosecution" and therefore a person cannot receive a criminal record.

A. Maximum punishments for E-4 and below:

• reduction to E-1,

• forfeiture of 2/3 pay for one month, and

• either 60 days of restriction, 45 days of hard labor without confinement, or 30 days confinement.

Maximum punishments for E-5 and above:

• reduction of one grade,

• forfeiture of 2/3 pay for one month, and

• 60 days of restriction.

***Officers cannot be tried at a summary court-martial.

A. A Special Court-Martial is a federal criminal trial that is commonly referred to as the military’s misdemeanor court. The accused can choose whether to be tried by a military judge alone or be tried by jury members.

A. The maximum punishment that can be adjudged is:

• confinement for 12 months,

• forfeiture of 2/3 pay per month for 12 months,

• reduction in rank, and

• a bad conduct discharge.

A. In the military the convening authority is required to hold an Article 32, UCMJ hearing prior to referring an accused to a general court-martial. An Article 32 hearing is similar to the civilian’s grand jury hearing. However, instead of a grand jury, a preliminary officer makes all the determinations at the Article 32, UCMJ hearing. Specifically, the preliminary hearing officer determines whether the evidence presented at the hearing is enough to show that there is probable cause that the accused committed the crimes that he is being accused of. After the hearing, the preliminary hearing officer drafts a report with his or her findings and recommendations about the evidence presented and the case as a whole.

A. A Special Court-Martial is a federal criminal trial that is commonly referred to as the military’s felony court. The accused can choose whether to be tried by a military judge alone or be tried by jury members. The General Court Martial military has jurisdiction over all offenses punishable under the UCMJ.

A. The maximum punishment that can be adjudged is:

• life confinement,

• total forfeitures,

• reduction in rank, and

• a dishonorable discharge.

A. The Uniform Code of Military Justice gives the power to send an accused to a court-martial to convening authorities. They are responsible for referring charges to court-martial, selecting the jury pool, paying for the court-martial, and reviewing the verdict.

A. The convening authority is the commanding officer in the unit with jurisdiction over the accused and they have the authority send someone to Court-Martial.