Your Rights
If you’re suspected of an offense or facing court-martial, it is critical that you understand your rights. Remember that your sacrifice and service does not deprive you of fundamental rights under the United States Constitution, such as the right against self-incrimination and access to legal counsel. No one, not even the command, can violate these rights.
Right to Remain Silent
Pursuant to Article 31(b) of the Uniform Code of Military Justice, service members have an absolute right against self-incrimination–that is being forced or misled into answering questions about involvement in a crime. Service members must be informed of a suspected offense before being questioned by an agent of the Federal government (including law enforcement and command representatives) and cannot be coerced into answering questions. The right to remain silent is absolute.
Right to Refuse Consent
There is no obligation to consent to any search or seizure of your person or property. If investigators have probable cause to believe that there is evidence of a crime in a certain location, they must obtain an authorization from your commander before conducting a search.
Absent probable cause, the only way law enforcement can search or seize your property is with your consent. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence which they intend to use against you. Don’t be fooled.
Right to Counsel
Service members suspected of a crime have the absolute right to consult with an attorney, military or civilian, before waiving their rights. It is crucial to consult with an attorney if you are suspected of a crime. The decisions you make while under investigation will directly impact your likelihood for success at trial.
Upon preferral of court-martial charges or apprehension by law enforcement, a service member will be given a free military counsel. The service member may request an individual military counsel or hire a civilian defense counsel at no cost to the government. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.
Right to Demand Court-Martial
Service members have the right to refuse an Article 15/nonjudicial punishment (NJP) and demand trial by court-martial. Too often, service members are bullied by their commands into accepting Article 15/NJP for a crime they never committed or where the evidence is clearly insufficient to prove the alleged misconduct. Don’t accept Article 15/NJP until you have spoken with a qualified military attorney on the matter.
What Our Clients Say
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"He is an articulate pitbull in the courtroom."
My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.
- Corporal, USMC -
"It Was Like a Scene From a Movie"
The results I received from the board was the best possible outcome in my favor and saved my career and my family’s future.
- Master Sergeant, USAF -
"I trusted him with my career on the line, and he was outstanding."
Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
- Petty Officer Third Class, USN -
"I would not want my fate in anyone else’s hands."
Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
- Airman First Class, USAF -
"Mr. Hodge was relentless in his defense of me"
Mr. Hodge was relentless in his defense. . . and absolved me of any wrongdoing under the UCMJ.
- Corporal, USMC
Our Battles Won
Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.
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"NOT GUILTY"
Fort Cavazos, Texas. Army Staff Sergeant Acquitted of Murder at General Court-Martial After Deadly Shooting Incident in Texas.
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"NOT GUILTY" "NOT GUILTY"
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
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"NO BASIS"
Joint Base Pearl Harbor-Hickman, Hawaii. Administrative Discharge Board Finds “No Basis” for Alleged Senior Leader Misconduct.
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"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
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"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
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"NOT GUILTY" "NOT GUILTY"
Kings Bay, Georgia. Navy Master-at-Arms Found Not Guilty of Unholstering Firearm and Pointing it at Another Sailor.
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"NOT GUILTY" "NOT GUILTY"
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.