Every military branch has a specialized department responsible for investigating crimes allegedly committed by its members.

Understanding the role of these departments can help protect your rights and better prepare for a court martial with the help of a military defense lawyer.

At the National Security Law Firm, we’ve seen firsthand what happens when service members fail to exercise their rights during a military criminal investigation.

We aim to combat these injustices by providing insight into the military investigative processes, your rights as a service member, and the benefits of hiring a court martial attorney from our team.

What Is Considered a Military Crime?

The military justice system is designed to maintain discipline and good order within the armed forces.

Therefore, any crime that negatively impacts this goal falls under military jurisdiction and is subject to investigation by the appropriate department.

Common examples of military crimes include:

  • Article 15 violationsLaw concept. Man in military uniform with gavel at wooden table.
  • Fraudulent enlistment or reenlistment
  • Desertion or AWOL (Absent Without Leave)
  • Sexual assault or harassment
  • Hazing or bullying
  • Larceny
  • Murder or manslaughter

In addition to these specific crimes, military authorities can investigate any violation of the Uniform Code of Military Justice (UCMJ).

This comprehensive set of rules and regulations outlines the standards of conduct for all armed forces members.

Therefore, any behavior deemed as contrary to these standards can be subject to investigation.

Who Conducts Military Crime Investigations?

To keep investigations unbiased and fair, each military branch has its own designated department responsible for investigating crimes committed by its members:

  • Army: The Army Criminal Investigation Division
  • Navy: The Naval Criminal Investigative Service
  • Air Force: The Air Force Office of Special Investigations
  • Marine Corps: The USMC Criminal Investigation Division
  • Coast Guard: The Coast Guard Investigative Service

Each department is headed by experienced law enforcement professionals trained to handle military crime investigations.

They work closely with other government agencies, such as the FBI and the Department of Defense, to gather evidence and build strong cases against suspected offenders.

How Can a Lawyer Help Me With a Military Crime Investigation?

Being investigated for a military crime can have serious consequences, including but not limited to:

  • Loss of rank or discharge from the militaryCrime scene investigation.
  • Imprisonment
  • Negative impact on future employment opportunities

To protect your rights and defend against these consequences, you must seek counsel from an experienced military crimes lawyer who can assist with:

  • Advising you on your Article 31 rights and responsibilities during the investigation process
  • Conducting an independent investigation to gather evidence in your defense
  • Negotiating with military authorities for a more favorable resolution, such as reduced charges or dismissal of the case
  • Representing you at court-martial proceedings if necessary
  • Proving your innocence or mitigating factors in the case to minimize potential penalties.

Without the help of experienced legal counsel, you could face a biased investigation and unfair punishment.

With limited time to respond to allegations and gather evidence, seek legal assistance as soon as possible to ensure the best possible outcome.

How Is a Military Crime Investigated?

Military investigations follow a similar process to civilian ones, save for a few key differences. Typically, a military crime investigation goes as follows:

  1. The report: The first step in any investigation is usually a report from someone who witnessed or has knowledge of the alleged crime.
  2. The initial inquiry: Military law enforcement will conduct an initial inquiry to determine if enough evidence warrants further investigation.
  3. Notification of rights: If the military decides to investigate investigation, it will notify you of your rights andFiles and evidence bag in a crime lab, allow you to seek legal counsel.
  4. Evidence gathering: Law enforcement will gather evidence, including conducting interviews and collecting physical evidence, such as documents or weapons.
  5. Charge sheet: If there is enough evidence, a charge sheet will be presented to the commanding officer, who will decide whether to proceed to court martial or take administrative action.
  6. Article 32 Preliminary hearing: As per 10 U.S. Code § 832, a preliminary hearing will be held to determine if there is probable cause for the case to go to trial.
  7. Court-martial: If the case goes to trial, a military judge and court member panel will review the evidence and testimony in a court-martial.
  8. Resolution: The court-martial may render a verdict and sentence or dismiss the case.

Military authorities may also handle certain crimes through administrative action rather than a court martial. This could include punishment such as a reduction in rank, extra duties, or other forms of discipline.

These complicated processes highlight the importance of working with an experienced military crimes attorney. With their help, you can fight for your rights, appeal unjust decisions, and ensure a fair investigation and trial process.

What Are My Rights Under Military Law?

As a member of the military, you have certain rights and protections when facing an investigation for a suspected crime, including but not limited to:

  • The right to remain silent: Just like in civilian law, you can refuse to answer any questions during an investigation that may incriminate you. You can also choose to only speak with your lawyer present.
  • The right to counsel: You can seek legal representation at any point during an investigation or court-martial proceedings. This includes having your lawyer present during questioning.
  • The right to due process: Military investigations must follow due process, which means you are entitled to a fair and impartial investigation and trial.
  • The right to appeal: If convicted, you have the right to appeal the decision of a court-martial.

Understanding how to exercise these rights isn’t always easy. However, with the help of a military crimes lawyer, you can ensure that your rights are respected and your case is handled fairly.

Are You Accused of a Military Crime? Trust National Security Law Firm to Protect Your Rights

wooden court gavel on United States Constitution document and American flagIn the military, where the stakes are high and the consequences severe, having an experienced legal team can make all the difference in a case.

Trust a military crimes attorney from the National Security Law Firm to be that team for you.

Our legal professionals have decades of experience representing clients in military criminal investigations and trials.

We understand the complexities of military law and are determined to secure the best possible outcome for our clients.

Don’t face a military crime investigation alone. Contact the National Security Law Firm now to schedule a free consultation.