Author Archives: matt@provenlawmarketing.com
The Rape Shield Law
Servicemembers charged with sexual assault need to know about Military Rule of Evidence 412, known as the Rape Shield Law. Rule 412 is designed to protect the privacy and dignity of victims of sexual assault by ruling evidence about the accuser’s sex life that isn’t strictly relevant to the charged offense inadmissible. Your accuser… Read More »
Two Hearings: Arraignment and Motions
The court martial is under way. First up: Two pre-trial hearings and the beginning of the discovery phase, where each side shares its evidence with the other and builds its case. We’ll talk about discovery in the next post. In this one, we want to discuss the two pre-trial hearings. The Arraignment Hearing The… Read More »
Who’s Who at the Court Martial
Military courts-martial are similar to civilian trials, but there are some notable differences. The most important have to do with the key officials assigned to the court by the convening authority. The Military Judge The military judge presides over your case during the trial, and is also the final authority in all matters having… Read More »
Your Rights at the Article 32 Hearing
The Article 32 hearing is a crucial juncture on the way to a general court martial, and what happens there has significant consequences. Fortunately, Article 32 of the Uniform Code of Military Justice (UCMJ) guarantees important rights for the accused. The Right to be Prepared To ensure you’ll have the information you need to… Read More »
The Article 32 Hearing
If you’ve been charged with sexual assault or an equally serious offense, you’re probably facing a general court-martial. Article 32 of the Uniform Code of Military Justice (UCMJ) requires a preliminary hearing, known as the Article 32 hearing, before a general court martial can proceed. It also guarantees several important rights for the accused…. Read More »
Preferral of Charges
An accusation of sexual (or other) misconduct by an active-duty service member kicks off a series of actions: your personnel file is flagged, essentially putting your career on hold; you may be placed in some form of restraint or confinement; and the investigation of the allegation begins. If military investigators conclude that the accusation… Read More »
Robert Capovilla Appears as Expert on WAVY-TV 10
Robert Capovilla was recently interviewed by WAVY-TV 10 regarding the COVID vaccine mandate for members of the armed forces. To watch the clip, click here.
Military Investigations: Your Attorney’s Role
While law enforcement works to verify your accuser’s version of events, your attorney should be working to verify yours. When this is done properly, your legal team will be ready to refute the prosecution’s narrative and set the record straight throughout the case and at trial. One word of caution: Do NOT conduct this… Read More »
Military Criminal Investigations: Law Enforcement’s Role
The pre-preferral period of a military prosecution is the investigative period, where law enforcement determines whether or not sufficient evidence exists to file criminal charges. Most of the crucial information to be used at trial is usually uncovered during this initial investigation. This post looks at how law enforcement gathers evidence in response to… Read More »
Military Pretrial Confinement
You’re a U.S. military service member, you’ve been accused of a crime, and your personnel file has been flagged. What’s next? The military’s Rules for Courts-Martial (RCM) give commanding officers several options to exercise at their discretion at this point: you could be arrested and taken briefly into custody, placed under some form of… Read More »