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I am being accused under the Uniform Code
of Military Justice. What does that mean?
The Uniform Code of Military Justice is the law by which military
personnel must abide. Often referred to as the "UCMJ",
this statute forms the basis for military criminal law. It contains
the requirements for jurisdiction, trial procedure, sentencing,
and non-judicial punishment for offenses.
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Even though I am in the military and accused
under the UCMJ, do I have the same constitutional rights as
other Americans who have been accused of a crime?
Many military personnel believe that they have relinquished
their constitutional rights when they join up. This is not true.
The rights guaranteed under the US Constitution apply to everyone.
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Do I need to respond to interrogating questions
asked by my superiors regarding the alleged offense?
You do not. Remember, as a citizen of the United States, you
are protected under the same constitutional rights!
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Do I have the right to defend myself against
these accusations?
Absolutely. You are entitled to the same rights as every citizen
under the law. This means that you have the right to refuse
to answer interrogating questions, you have the right to refuse
to volunteer any incriminating information, and you have the
right to refuse to sign any document that may support a guilty
conviction.
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Can I hire my own lawyer?
You will probably be assigned a military JAG officer but you
should also exercise your constitutional right to seek the advice
of civilian counsel.
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The investigative agents of the military
are intimidating me into confessing to the alleged offenses.
I feel that they are "pulling rank". Am I required
to answer their questions?
You must exercise your rights immediately and refrain from answering
any incriminating questions, even though you may feel obligated
to do so. Remember, not everyone in uniform is your friend.
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What does an investigation mean?
Military members do not have the same "fifth amendment"
rights, however the military provides that an individual may
not be tried by general court-martial unless there has been
a thorough investigation. An investigation should protect you
from baseless charges and open the door for recommended dismissal.
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Can I get out on bail?
There is no system of bail in the military, however a service
member does receive the same Fourth Amendment protections as
he would as a civilian. A unique factor for military members
is that even while in military confinement, an accused continues
to receive full pay and allowances, and will have a job to return
to if released. Family members who are dependent upon the service
member also continue to receive the same housing and other benefits
that other military dependents receive.
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When can I go to trial?
If charges are brought against you, the trial must commence
within 120 days of the charges being preferred or when the accused
was placed into pre-trial confinement, whichever is earlier.
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Can I appeal my conviction?
The first opportunity at an appeal is through a request for
Clemency from the one who authorized the court-martial in the
first place, the convening authority. The convening authority
can reduce the punishment or throw out the conviction.
