Why you need to hire an attorney if you are a military member facing criminal charges.
If you are a member of the military and are under investigation for a crime, you may be wondering what your next step should be. You may be wondering if you need an attorney and if so, how can your military criminal defense lawyer help you during a military investigation?
We will touch on these in this article.
What Is a Military Investigation?
When a crime is committed on a military installation or involving members of the military, the incident may be investigated by the military police. Military investigations are carried out in accordance with the Uniform Code of Military Justice. This code governs the conduct of military personnel and provides for the administration of justice within the military. The purpose of a military investigation is to determine whether any offenses have been committed and, if so, to identify the perpetrators. The investigation may also be used to identify any deficiencies in security or discipline that may have contributed to the crime.
What Is the Role of an Attorney During a Military Investigation?
1.) Conducting Witness Interviews: An important role of an attorney during a military investigation is to interview witnesses. This is important in order to get an accurate picture of what happened and to build a case for the prosecution or defense. The attorney may also need to subpoena witnesses to testify in court.
2.) Collection of Evidence: The military justice system is different from the civilian justice system and the military rules of evidence say that assigned military defense attorneys do not have the power to subpoena evidence. This means that if you do not hire a lawyer, your military defense attorney may not be able to collect all relevant evidence. However, the power to subpoena evidence lies with civilian attorneys who are appointed by the accused. This means that, if you hire an attorney you (the accused) have a greater chance of obtaining all of the evidence relevant to their case. Subpoenas for electronic evidence, such as images and text messages, can be requested by your civilian counsel.
3.) Ascertaining a Motive To Fabricate: Your attorney may also work with their team of private investigators to identify potential motives by your accuser to fabricate evidence or statements. For example, if the service member has a history of mental health issues or is in a financial bind, the attorney may investigate whether those factors could have led to someone falsely accusing you of wrongdoing.
Military Investigations: What Our Firm Can Do for You
In conclusion, if you are being investigated by the military, it is important to have an experienced attorney to help you through the process. At Griffin Law Defense, our military defense attorneys can help you understand the military justice system and the charges that have been brought against you. They can also help you gather evidence, build a case, and negotiate a plea agreement if necessary.
If you are considering hiring a military criminal defense attorney, or even if you are not sure whether you need an attorney or not, please contact us for a free consultation. We’d be happy to listen to you and provide professional guidance.