A Military Defense Lawyer Can Help With Article 31 Rights
When serving as a member of the United States military and facing criminal charges, it is important to understand your rights under Article 31 with help from a military defense lawyer.
A Military Defense Lawyer Can Help If You Were Arrested for a Crime
Military members who are arrested for a crime need to understand what’s at stake if they are convicted. It is possible that a military career can be damaged if not outright destroyed by an arrest and conviction. This is why it’s imperative to have assistance from a military defense lawyer. There is a difference between civilian law and military law and when facing charges, it is beneficial to have legal representation who is well-versed in both. Similar to the Miranda Rights and the Bill of Rights that protect civilians, the military provides service members with Article 31 of the Uniform Code of Military Justice. When an arrest has been made, the military member must be told of his or her rights by the entity that made the arrest. That could be the CID, NCIS, CGIS or OSI. These rights must be read before any questioning can take place.
Your Military Defense Lawyer Will Explain Your Rights Under Article 31
With Article 31, you will have certain rights that are in place to protect you. These rights include the following:
1) To have a general understanding of the criminal offense you are suspected of committing.
You might not understand why you were arrested or accused of a particular crime. It’s possible that you do not even know what the charges are. If this is the case, you are allowed to ask for it to be clarified. No matter how friendly and understanding they seem, the officers conducting the interrogation are focused on getting you to confess. It is a key to the case to be completely aware of what you have been charged with and to know your rights.
2) You have the right to remain silent.
You are not required to speak to the investigator and you cannot be forced to do so. It is your right to refuse to answer any questions and stay silent. It is also in your best interests to do this. If you refuse to speak to the investigators, there will not be any statements they can use against you in a court of law. Once you exercise this right, the interrogation will cease until you can speak with your legal representative.
3) You have the right to an attorney.
Before answering any questions that the interrogator asks you, it is imperative to ask to speak to an attorney. Once you have retained an attorney, your attorney will act as the intermediary between you and the investigators and protect you. When you have asked to speak to an attorney, the questions from the investigator must stop immediately until your request has been granted.
4) You must waive your rights if you decide to make a statement.
While you will be advised not to do this, you can waive your rights and speak to the investigators at any time. What you say can and will be used against you in court. This is always a bad idea even if you are innocent and believe you can prove it. It is best to let an attorney handle everything.
Call an Experienced Military Defense Lawyer
If you have questions about your Article 31 rights, call (312) 635-0800 to speak to a military defense lawyer at The Law Offices of Haytham Faraj.