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March 2016 Archives

Article 32 of the UCMJ replaces the Fifth Amendment for military personnel

Although the Fifth Amendment of the Constitution guarantees the right to indictment by a grand jury, that does not apply to service members prosecuted under the Uniform Code of Military Justice (UCMJ). Article 32 of the UCMJ does, however, provide for a preliminary investigation to determine whether the suspected offense warrants referral to a court martial.

When to hire a military criminal defense lawyer: During or before the preliminary inquiry?

Under the Uniform Code of Military Justice (UCMJ) commanders are responsible for maintaining order and discipline within their ranks. When a commander is notified that a servicemember under his/her command may have committed a criminal act, there are steps that must be followed to determine how to proceed.

Can an attorney help you during a military investigation?

The reasons why a service member might require the skills of a lawyer can be quite varied, as illustrated by the client testimonials on our law firm’s website. Yet several common themes emerge, often involving a fight to preserve one’s career, military benefits or future opportunities.

Do some medical conditions automatically disqualify a soldier?

Can a food allergy render a cadet unfit for service and jeopardize his or her ROTC program participation? According to a recent incident involving a sergeant in the U.S. Army Cadet Command’s ROTC program, the answer to that question might be yes.

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