The Power of Words and Your Article 31 Rights

Words have incredible power. They have the power to encourage, to shape perspective, to persuade, to heal, and to direct the course of our lives. When words are used carelessly, however, they can also be incredibly harmful. They can be hurtful and humiliating. Words can get us into less-than-optimal situations. We are not pointing this out simply to encourage positive language or kind speech. Rather, we are referring specifically to your UCMJ Article 31 rights. If you require legal assistance, the team at Military Trial Defenders can help. 

The Fifth Amendment and Article 31

Many people are familiar with the phrase: “Anything you say can and will be used against you in a court of law.” This is a famous excerpt from the Miranda Rights. Police officers often speak these rights to people they are arresting.  Miranda Rights require law enforcement officers to offer specific warnings when questioning a suspect who is in custody.

As a member of the United States Military, you have Fifth Amendment rights that have been afforded to you under the Uniform Code of Military Justice. These important rights are listed in Article 31 of the UCMJ. Like the Fifth Amendment, Article 31 delineates the rights of the accused during suspect proceedings. It offers military personnel protection against self-incrimination as well as the right to counsel. Unlike the Fifth Amendment, however, Article 31 does not require that suspect be in custody for the law to apply. If a questioner suspects a military member of committing an offense, he or she must offer a warning of rights before questioning occurs.

The article is thus made up of two important parts. First, no one subject to the UCMJ may compel any person to incriminate himself/herself or to answer any question that provokes an incriminating answer. Second, no person subject to the UCMJ may question or request any statement from a person suspected of an offense without first informing the suspect of the nature of the accusation, then  explaining that he or she is under no obligation to speak, and finally explaining that any statement may be used against him as evidence in a trial by court-martial

How Your Words Can Infringe Upon Your Rights

Once a military member is advised of his or her rights, the member must proceed with caution. Investigators are working to discover evidence that will lead to a conviction. This is where the power of words come in. Your words have the power to incriminate you, and Article 31 was established with this fact in mind. As experienced military attorneys, we always advise that suspects remain silent upon initial questioning. You can always talk later, but you cannot take back the words you speak under pressure. You have the absolute right to be silent and the absolute right to obtain counsel before speaking. Your Article 31 rights cannot be used against you if you choose to use them.

In some circumstances, questioning may occur before a rights advisement has been offered. If the questions are dangerous of drawing up self-incriminating evidence, you are allowed to stop the questioning and invoke you article 31 rights yourself.

Understanding the UCMJ

The Uniform Code of Military Justice is a federal law enacted by Congress to provide regulations that apply to all US military members. It defines the military justice system and defines military criminal offenses. With over 50+ years of combined experience, our attorneys are well-versed in the many articles of the UCMJ. In a time in which military members are often assumed guilty before being proven so, we have the knowledge and expertise to ensure that servicemen and women receive justice. UCMJ Articles 77–134 are called the “punitive articles.” These articles lay out specific offenses that can result in punishment by court-martial. UCMJ attorneys have extensive knowledge of each of these articles and are thus able to defend those who have been accused of violating them.

Common UCMJ Articles We Defend

Some of the most common UCMJ articles involved in cases include:

• Article 15 — nonjudicial punishment
• Articles 112 and 112a — drug offenses
• Article 120 — sexual assault

The Process: What to Expect

Initial Consultation	Contact us for a free case evaluation. We’ll discuss your situation and outline the best path forward.
Data Collection	We investigate every aspect of your case, from testing procedures to witness statements.
Trial Preparation	Expect expert testimony and a strong defense strategy tailored to your case.
The Verdict	Whether it’s a jury trial or judge-only trial, we fight for your acquittal and future.

Protecting Your Article 31 Rights

The attorneys at Military Trial Defenders are passionate about protecting military members. We are here to offer counsel and defend your rights. Always consult with an experienced lawyer before making any statements that have the power to negatively alter the course of your military career.

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We Proudly Serve All Branches of the Military in All Locations Worldwide

At Military Trial Defenders, we left active-duty military careers in order to pursue our passion for providing excellent military trial defense to military members worldwide in all branches of the US Military. Contact us today to learn more.

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We represent active duty, reserve, and guard personnel only. We do not handle any veterans issues, requests to upgrade discharges, or matters related to family law.