Annapolis, Maryland Military Investigation Attorneys

Military Criminal Defense Lawyers Providing Representation in Article 32 Investigations in Annapolis

When a member of the military is accused of a criminal offense, they will need to understand their legal options. Before a case proceeds to a court-martial, an investigation will be performed to determine whether charges should be pursued. Central to this process is the Article 32 hearing, a pretrial proceeding unique to the military justice system.

The stakes of military investigations are high, since a court-martial could lead to a dishonorable discharge or other consequences. A dedicated military criminal defense attorney can provide crucial support during investigations and hearings, helping to protect a servicemember's rights. At the Law Offices of Murphy & Price LLP, our lawyers have the experience needed to handle these matters correctly, and we work with our clients to develop strong defense strategies that will help avoid or minimize the potential penalties they may face.

The Military Criminal Investigation Process

When a servicemember faces allegations of criminal misconduct, military law enforcement agencies will typically conduct investigations. Depending on the branch of service, these investigations may be handled by:

• Naval Criminal Investigative Service (NCIS) for Navy and Marine Corps members
• Criminal Investigation Division (CID) for the Army
• Office of Special Investigations (OSI) for the Air Force

Investigations can be triggered by a report from a fellow service member, a superior officer, a civilian, or even an anonymous tip. Once an investigation is initiated, investigators will gather evidence, interview witnesses, and conduct searches, and they may attempt to question the accused service member.

It is critical for a service member who is under investigation to understand their rights, including the right to remain silent and to have legal representation. Statements made to investigators can be used later during a court-martial or administrative separation proceeding. A civilian attorney can help the accused respond appropriately, avoid self-incrimination, and take proactive steps to challenge accusations or provide context to the evidence that is collected.

What Is an Article 32 Hearing?

An Article 32 preliminary hearing is required before a general court-martial can be convened. A general court-martial is the most serious type of military trial. Preliminary hearings are governed by Article 32 of the Uniform Code of Military Justice (UCMJ), and they serve a purpose similar to a grand jury proceeding in the civilian system.

Key aspects of an Article 32 hearing include:

• Presentation of Evidence: The government will present evidence intended to support the charges. This evidence can include documents, witness testimony, and investigative reports.
• Cross-Examination Rights: The accused's attorney may cross-examine government witnesses and challenge the credibility of their statements.
• Defense Submissions: The accused's attorney may submit evidence, including exculpatory materials or witness testimony, although this is not required.
• Hearing Officer's Recommendation: After reviewing the evidence, the hearing officer will provide a written report recommending whether the charges should proceed to court-martial, be modified, or dismissed.

Although an Article 32 hearing is not a trial, it is a critical stage in a military criminal case. These hearings can influence decisions about charges, plea negotiations, and the steps that will be followed during a court-martial.

Reasons a Servicemember May Face a Court-Martial

Servicemembers may face a wide range of criminal accusations, including:

• Sexual Offenses: Cases involving accusations of sexual assault or sexual harassment are often fast-tracked through the system due to an emphasis on combating misconduct in the military.
• Drug Offenses: A positive drug test or allegations regarding the possession, sale, or use of controlled substances can result in court-martial proceedings.
• Assault or Violent Offenses: Fights, domestic violence, or other alleged acts of aggression may be handled through the military justice system.
• Theft, Fraud, or Property Crimes: Unauthorized use of government resources, financial misconduct, and larceny can lead to criminal charges.
• Possession of Child Pornography: Military investigators take digital evidence seriously, and these offenses can result in harsh penalties.
• Unauthorized Absence or Desertion: Failing to report for duty or leaving without authorization may lead to severe penalties.

If found guilty, a service member may face punishment that could include confinement, dishonorable discharge, loss of rank and pay, and the loss of future veterans' benefits.

Contact Our Annapolis, MD Military Criminal Investigation Lawyers

Representation from a civilian attorney can be crucial when a person is facing a military investigation. At the Law Offices of Murphy & Price LLP, we can review evidence, identify weaknesses in the government's case, and prepare effective challenges to accusations. We can provide representation in Article 32 hearings, testing the strength of the prosecution's case and gathering insights that may influence trial preparations or plea negotiations.

To get legal help with military investigations, hearings, and courts-martial, contact our firm at 410-280-2500. We offer free consultations, and we will provide a strong defense during one of the most stressful and consequential periods of a servicemember's life.