Category Archives: Military Law
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 »
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 »
The Problem with Three-fourths Panel Verdicts in the Military
It may come as a surprise to many that criminal convictions in the military justice system only require the agreement of three-fourths of panel members (i.e. jurors). Of course, this is very different than the civilian justice system’s standard, which has always required unanimous jury agreement for a criminal conviction. This stark difference in… Read More »
Advice to Family Members When Their Loved One is Accused
As military defense attorneys, it is common for our team to communicate with family members of soldiers, marines, airmen, sailors, guardsman, and cadets who are accused of a crime or other misconduct. This is sometimes due to the relatively young age of our clients, but more often it occurs because parents and spouses of… Read More »
Capovilla & Williams Launches Military Justice Today Podcast
The law firm of Capovilla & Williams recently launched the Military Justice Today podcast, available on all major podcast platforms, including Spotify, Apple, Stitcher, and Castbox. The show will air episodes every other week and cover a wide-variety of topics impacting military service members in all branches of the U.S. Armed Forces as well… Read More »
Changing the Law for Major Military Crimes in the United States
Changes in the U.S. military justice system have been a hot topic among armed forces leadership, politicians, commentators, and attorneys, and specifically revisions to when and how major felony cases are brought and managed. Some advocates and lawmakers believe that changing the procedures, decision makers, and substantive law itself will help reduce the number… Read More »
