When confronted with criminal charges, not only do military members face the same challenges as civilians, but also the added consequence of facing military infractions. For example, they may be subject to an Article 32 investigation under the Uniform Code of Military Justice (UCMJ). This investigation can lead to a felony level general court martial (the most serious).
Under UCMJ Article 32(a), a thorough investigation must take place before a charge or specification is referred to a general court martial. An investigation includes:
- inquiry as to the truth of the matter set forth in the charges
- consideration of the form of charges
- recommendation as to the disposition which should be made of the case in the interest of justice and discipline
Article 32(b) provides the accused with many of the same rights as those facing criminal charges. For example, he or she has the right to be advised of the charges against them, right to counsel, right to cross examination of the witnesses, and the right to present evidence on their own behalf.
Article 32(c) provides the accused with the ability to demand further investigation and to cross examine the witnesses and present new evidence on their own behalf after he or she has been informed of the charges.
Even if an Article 32 investigation is not conducted, many members may face other consequences from the military. For example, non-judicial punishment under Article 15 can include administrative actions – reduction in pay, rank, reprimand, etc.
At Kern Law, APC, I have spent the past decade helping military members on their DUI and criminal charges. I have helped many members save their careers through a dismissal of the charges or through a disposition that is favorable and negates serious military consequences.
If you are facing an Article 32 investigation or any other discipline action from the military, please contact Kern Law, APC today. I will provide a free consultation and discounts for active duty members.