Knowledgeable Defense for Article 15/ Nonjudicial Punishment

The Article 15 Process

Before the Article 15 is imposed, the commander will notify the accused of the intent to impose punishment, the nature of the misconduct, supporting evidence, and a statement of the service member’s rights under the UCMJ. The service member then has the right to refuse the NJP and request a court-martial. If the accused individual does not accept the NJP, the hearing is terminated and the commander is left with the decision to process the service member for court-martial or not. On the other hand, if the accused chooses to accept the NJP, he or she will appear before the commander and present any witnesses and evidence before the commander makes the final decision to impose the punishment.

Should You Refuse or Accept an Article 15?

If you have received an Article 15 and you turn it down, you are demanding a trial by court-martial. You have the right to consult a knowledgeable military attorney, and you should absolutely take advantage. At this point, your command must either drop the case or or send it to prosecution via a court-martial. If your case goes to court-martial, it could be a Summary, Special, or General Court-martial depending on the details of the case. If you accept the Article 15, you are not admitting guilt. Rather, you are allowing the commander to be the judge and jury for your case. In this instance, your commander must listen to your side of the situation. An experienced military defense lawyer, such as Military Trial Defenders, can help you prepare your case before you present it to your commander. We will help you gather all of the necessary witnesses, evidence, and other relevant information in order to develop your testimony and ultimately prove that you are not guilty. Witnesses can testify to your good character or give helpful statements concerning your case. Your personal testimony is also important, as it is used to persuade your command that you are not guilty or that your punishment should be either reduced or not imposed at all.

Experience is the Most Vital Asset in Nonjudicial Punishment Cases

The decision to accept or turn down an NJP is extremely important as it can have heavy consequences. It’s highly advised to consult a military defense lawyer before moving forward in either direction. Military Trial Defenders has the knowledge and experience to help you make the best decision in this situation. We’ll help you build your case and receive the most favorable outcome. Contact us today to get started.