YOUR RIGHTS UNDER MILITARY LAW

There are important rights that every military member
has.  It is our experience that frequently, members do not
know their rights, and do not exercise them because they
do not understand how critical they are.  By doing this,
they often put themselves in legal jeopardy, hand the
government evidence it is not entitled to, and
compromise the later defense of their case.

These rights include:

  • Article 31 rights.  When a military member is
    suspected of an offense under the Uniform Code
    of Military Justice, another military member (or
    military investigator) who wants to question them
    for purposes of investigation or disciplinary action
    must advise the member of the rights under Article
    31 of the Uniform Code of Military Justice.  This
    includes the right to be advised of the general
    nature of the offense of which you are suspected,
    your right to remain silent, and the consequences
    of giving a statement.  While not part of Article 31,
    you also have the right to counsel (under the U.S.
    Constitution) and must be advised of that right as
    well.  If a military member invokes the right to
    remain silent or the right to counsel, all questioning
    must stop.           

  • Consent.  Military members cannot be forced to
    consent  to a search of their person or property.  
    Consent must be voluntary.  If investigators obtain
    the appropriate search authority based on
    probable cause, or if the search is part of an
    inspection, a search may be conducted without
    your consent.    

  • Pretext Phone Call.  If you are under investigation,
    a  technique that the military investigative services
    sometimes use is called a pretext phone call.  For
    example, in a rape case, they may ask the alleged
    victim to call you and attempt to elicit incriminating
    statements from you while the investigators listen
    in on the call. You do not have to talk about your
    case.  This is one of the many reasons why
    defense counsel often advise their clients to talk to
    no one except the client's attorney about the case.  
    Those statements may later be used against you
    at a later court-martial proceeding or other
    disciplinary action.        

Your Legal Rights
Call Us Toll Free at 1-877-569-6941
For a Free Initial Consultation
SUBMIT A CASE FOR OUR REVIEW
Your name:
Your email address:
Your phone number:
Please provide a
brief summary of
your case:
Copyright 2011, Britt, Hankins & Moughan
Navy