As a Member of the Military, When Can You Consult With Defense Counsel?

Should I Make A Statement If I’m Accused Of Sexual Assault?
Discover effective strategies for responding to sexual assault allegations with care and consideration. Learn about making statements, legal guidance, and safeguarding your rights in challenging situations

What Evidence Do I Need To Beat A Sexual Assault Allegation?
Building a strong defense against a sexual assault allegation may require credible evidence and legal counsel. Protect your rights effectively. Reach out today.

Facing Military Sexual Assault Allegations? Legal Pointers
Facing sexual assault allegations as a military member, and feeling overwhelmed and unsure what to do next? This article is for you.
Interviewer: At what point does counsel come in to represent you if you are in the military?
Chris: It changes but you can be allowed counsel once you’ve been read your rights.
You can enter into attorney-client privilege, but, generally, you won’t see your detailed defense counsel until referral of charges. A lot of things could’ve happened from the time the investigation began to the time that referral of charges occurred.
Military Personnel Are Allowed Counsel Once Charges Are Preferred
Interviewer: Will military personnel usually have counsel by the Article 32 hearing?
Chris: Once charges are preferred, which is before the article 32 hearing, you have counsel.
Interviewer: You have this hearing and what happens from there? What are the stages from there?
Chris: After the article 32 hearing for general court-martial, the investigating officer forwards his or her recommendation to the convening authority. The convening authority makes a decision whether or not the case goes forward to a general court-martial.
He or she may move it to a special court-martial, but, if he or she decides to move forward and believes that there is enough evidence to move forward in the case, then you will go to a court-martial. That will be the actual court hearing itself.
Are Military Defendants Placed in Jail Until Their Court Martial?
Interviewer: Are the defendants arrested and placed in a military holding area on base?
Chris: Military personnel will be ordered to a confinement at post after the court-martial. Generally, time is served at a local confinement facility at the base. Sometimes, depending on the size of the base, military personnel may go to a local jail.
They have fee agreements to let prisoners go to other bases. If you have a lengthy confinement such as greater than six months, you will be generally transferred to a long-term confinement facility, such as the one in Miramar or Charleston or Fort Leavenworth.
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