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What Are Your Rights Under the UCMJ? We'll Fight for You Every Step of the Way

Protect Your Rights

What are your rights under the UCMJ?

If you are under investigation or have been arrested and are facing legal action, you have rights under the UCMJ that must be protected. If you fully understand your rights, you could save yourself from certain types of damage to your defense case. During an investigation by any military investigatory agency, such as CID, USACIDC, AFOSI, NCIS or other agency, you have specific rights under the code.

Under Article 31, UCMJ, no individual who is subject to the Uniform Code of Military (all criminal investigation units) Justice is allowed to compel any person to incriminate him or herself, or be forced to answer any question that could tend to incriminate that person. Additionally, no person subject to the Uniform Code of Military Justice can interrogate or try to get statements from any person suspected of committing an offense without information that person of the nature of the accusation, that the person being questioned is not required to make a statement, and that any statement made, (written or oral) may be then used against that person as evidence in a court-martial. Exercise your right to remain silent.

Right to Counsel

All members of the armed forces have the right to counsel under the UCMJ. You have the right to employ civilian counsel. Attorney Guy Womack is a former Marine Corps officer, and served 10 years on active duty and 10 years on reserve duty. He received three awards from the U.S. Attorney General while serving as a judge advocate.

There are few military lawyers that have his level of experience and inside knowledge of the workings of military justice. You can contact the firm, Guy L. Womack & Associates, P.C. directly for assistance if you believe you are the target of a criminal investigation. Do not answer any questions, engage in small talk to take any other action other than demanding to speak to your attorney, and requesting to leave the interview. This could be the most important call you have ever made.

Pretrial Confinement

Civilians are arrested, members of the military are "apprehended" and turned over to command authority. Command has the right to make the decision about confinement in the brig or stockade. Command also has the right to impose restrictions rather than confinement. You could be confined, or you may be restricted to the base while awaiting trial.

As with any other person protected by the U.S. Constitution, you cannot be confined or restrained without 'probable cause' - a reasonable belief that you have actually committed an offense that could be tried in a court martial, and that your confinement is necessary under the unique circumstances of your case. There are several reviews that could be initiated regarding the decision to confine you, but these reviews must take place within 48 hours. Our firm flies to any location in the world, is located in the Houston, TX area, and is prepared to act at once to assist with this process.

We Fight for You at Every Stage

If you are the target of an investigation, if you have been apprehended, or you believe you will soon be, it is imperative that you take action to protect yourself. The conviction rate in military court is above 90%. Early involvement by our firm is critical. A full review of the case and what can be done to protect your rights should be initiated immediately.

We know how military justice works. Call a military attorney from our firm today. 

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