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April 2016 Archives

Can a commander overrule the Article 32 investigator's advice?

Our military defense law firm generally recommends exploring every possible strategy. For that reason, we believe that it is generally in an accused’s best interest to prepare for the Article 32 evidentiary hearing that precedes a court martial.

How long might an Article 32 investigation last?

A U.S. Navy officer may be facing charges of espionage, according to a recent article. The officer is under scrutiny for other alleged improper behavior, as well. He reportedly committed adultery and hired a prostitute, which could also implicate him under military law.

Apprehension and Confinement Before Trial

Active duty members of the military have many of the same rights under the UCMJ that civilians enjoy under their state and federal constitutions. There are some differences, though, which make it important to hire an experienced military defense lawyer with knowledge about how pre-trial confinement impacts your case.

Are administrative separation board hearings procedurally unfair?

Is it possible to receive a fair trial in the military? Although the Uniform Code of Military Justice offers certain procedural protections in the military’s criminal justice system, a recent article questions whether service members might still have an uphill battle. 

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