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  • Military Sexual Assault Lawyer - Article 120, UCMJ

Know Your Rights

You have rights. Exercise those rights intelligently.

The prospect of UCMJ action is one of the most stressful events in a service member’s career and life.

Intelligently exercising your rights can improve your chances of a successful outcome substantially.

The Constitution and the UCMJ affords you many rights. You should know that:


1. You have the right to remain silent.  (BEWARE OF PRETEXT PHONE CALLS)

This is critical. Your command may exert extreme influence to coerce you into making a statement. Investigators will tell you anything to get you to talk. They will tell you that they are simply trying to close the book on the investigation. They will tell you it’s no big deal, they just need a statement. They will appeal to your emotions. They will tell you that you have to give a statement.

Sometimes a helpful script for invoking your rights might go as follows:
"Sir, I do want to cooperate, but under the circumstances I am invoking my 5th Amendment and Article 31 Rights to remain silent and to speak to a lawyer. I would like to speak to a lawyer at this time."

You can reiterate the above as needed to ensure that your right to remain silent is protected.



​Also, if you are accused of sexual assault, be extremely wary of phone calls or conversations from individuals - especially alleged victims - who want to talk about the events in question.  Pretext and recorded conversations are a favorite tool of law enforcement.  Very rarely has a client regretted not saying anything.

2. You have the right to speak to an attorney, whether or not you committed a crime.

You should always consult an attorney before discussing with anyone. You can contact this firm for a free initial consultation at myers@mclaw.us or 1-800-355-1095 24 hours a day.

3. You have the right to have an attorney by your side when you talk to any investigator or anyone in your chain of command.

NCIS, CID, and OSI often type your statement for you. Your words get twisted. They frequently paraphrase and use incriminating language. They will often rush you through the process of signing your statement so that you do not have an opportunity to fully read the statement.


4. You have the right to refuse a polygraph examination.

Military investigators rely heavily on confessions. They will sometimes be unscrupulous in their tactics. You need to consult with a lawyer and ensure that you invoke your Fifth Amendment and Article 31 Rights before speaking to investigators. By talking to a lawyer first you will dramatically increase the likelihood of a successful outcome.
Court-Martial Defense
The Court-Martial Process
General Courts-Martial
Special Courts-Martial
Summary Courts-Martial
Your Right to an Attorney
How to Obtain Experts
Right to a Speedy Trial
Jury Selection in the Military
Types of Affirmative Defenses
The Military Rules of Evidence
Military Motions Practice
Court-Martial Consequences
Sex Offender Registration
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The information on this page is informational in nature. Nothing on this or associated pages should be construed as legal advice for a particular case. Likewise, the information on this website does not constitute the creation of an attorney-client relationship. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
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  • Military Failed Drug Test
  • Discharge Review Board Lawyer
  • Administrative Separation Board Lawyer
  • Records Corrections
    • Reprimand Appeals
    • Evaluation Report Appeals
    • Qualitative Management Program Cases
    • Titling Actions
    • Cadet and Midshipmen Misconduct
  • Notable Cases
    • My Lai
    • Abu Ghraib
    • Haditha
    • Maywand District Murders
    • US v Scott
    • MARSOC
  • Our Team
    • Gary Myers
    • Daniel Conway
    • Brian Pristera
    • Lauren Johnson-Naumann
    • Joseph Galli
    • Matthew Flynn
  • Videos
  • Military Sexual Assault Lawyer - Article 120, UCMJ