Family & Client Briefing*

1. Family & Client Briefing* The information that follows is intended to be an overview of the military justice “process,” and to show some of the decisions that command and a client have to make. * This briefing is copy-righted and contains trademarks. www.court-martial.com

2. www.court-martial.com

3. Formal / Informal Counseling. Performance Evaluations. (Detachment) (Relief) for Cause. Punitive or Non-Punitive LOR. Denial of School/Duty Assignment. Loss of Security Clearance. Administrative Separation. Article 15, UCMJ. Administrative Actions www.court-martial.com

4. Punishments. Loss of pay. Reduction in rank (enlisted). Restriction. Extra Duty (2 hours). Letter of Reprimand. Punishment may be suspended (6 months). Rights. Right to refuse. Legal Consult. Right to see evidence. Right to witnesses. Right to give evidence. Right to spokesperson. Right to appeal. Article 15, UCMJ THIS IS AN ADMINISTRATIVE PUNISHMENT -- IT IS NOT A CONVICTION! www.court-martial.com

5. Rights to Counsel • Prior to official action, you have the right to have civilian counsel at no expense to the government. • During an Article 32, UCMJ, investigation, a Special Court-Martial, or a General Court-Martial you have the right to: • Detailed Military counsel (free). • Civilian Counsel (at your expense). • Individual Military Counsel (free). www.court-martial.com

6. Punishments. Dishonorable Discharge or BCD (enlisted); Dismissal (officer). Death; LWOP; Life; term of yrs. Total Forfeitures. Reduction to pay-grade E-1. Fine. A fine makes you immediately liable to the United States for the entire amount when it is ordered executed. R.C.M. 1003(b)(3) discussion. The has no legal effect prior to the convening authority taking initial action under R.C.M. 1107. See R.C.M. 1113(b)). Rights. Conviction “beyond reasonable doubt.” Counsel. Silence, or to testify. Panel of members (5) (“Jury”), or judge alone. Cross-examination. Present witnesses and evidence. General Court-Martial www.court-martial.com

7. Pretrial Agreements(Plea bargain) • Agreement to plead guilty, in exchange for a forum and/or sentence limit. • Usually requires judge alone trial. • Usually requires plea to most of the charges. • Can limit any part of the sentence. • Judge conducts a guilty plea (providence) inquiry of accused under oath. • Accused must waive right to silence, right to trial, right to confront the evidence. • At sentencing hearing the judge knows that there is an agreement. HOWEVER, the judge does not know the sentence limits. • After judge announces the sentence, the judge looks at the sentence limits and compares the two; the accused gets the lesser of either. • Example A: • PTA limits confinement to no more than six months. • Judge gives nine months confinement; the sentence is six months confinement. • Example B: • PTA limits confinement to no more than six months. • Judge gives three months confinement; the sentence is three months confinement. www.court-martial.com

8. At trial, you have three choices to make, and only you can make them. Of course your lawyers give advice. www.court-martial.com

9. Who will decide my fate? Who decides if I’m not guilty or guilty, and who gives a sentence if convicted? You have the right to choose. There are a number of factors that go into forum selection – these are some of the main factors. Other factors will be discussed that affect your specific case, at the proper time. www.court-martial.com

10. What should I plead, ----and why? www.court-martial.com

11. DO YOU TESTIFY? DO YOU TESTIFY? DO YOU TESTIFY? www.court-martial.com

12. General You are ALWAYS on parade. Give proper military courtesy. Stay away from witnesses. Keep that uniform sharp. Shave and get a haircut. Eye contact. Don’t have an attitude. At Counsel Table You Are ALWAYS on Parade. Members/judge will be watching. They are watching you – your bearing, demeanor, reaction. Remain calm. Take notes. Have eye contact with the judge and with the members. Witness stand. Turn chair toward members. Say “SIR/MA’AM” to everyone!!! DON’T have an attitude. Give eye contact to the members. You will know the answers to give. The only correct answers is THE TRUTH and -- Yes Sir/Ma’am. No Sir/Ma’am. I don’t know Sir/Ma’am. I don’t remember Sir/Ma’am. Please repeat the question Sir/Ma’am. I didn’t understand the question Sir/Ma’am. DO NOT embellish are add to your answer. DO NOT/NEVER argue with the prosecutor – You will never win that battle – You will look stupid — DON’T DO IT. My Rules of Engagement www.court-martial.com

13. Purpose. Investigating Officer makes recommendation: Reasonable cause to believe crime committed; and Accused committed. Investigating Officer recommends disposition. IO recommendations are not binding. Defense seeks discovery of case against accused. Rights. Counsel. Right to silence. Right to make statement. Cross-examine available witnesses. Call available witnesses. Discovery. Article 32, UCMJ This is not a trial, and the Rules of Evidence do not apply – R.C.M. 405 has its own Rules of Evidence built in. This is not equivalent to a civilian Grand Jury – if done right, it is substantially better for an accused. www.court-martial.com

14. Immediate Post-Trial Issues • Confinement (starts the day you are sentenced). • Deferment request (usually NOT granted). • Go to local confinement facility, while they find bed-space. • Usually, sex offenses - Miramar; alcohol/drugs – Charleston. • Credit for pre-trial confinement. • Article 13, UCMJ, credit if any. • Automatic good-time credit of five days per month. • Work abatement, or extra good-time credit. • MRD, FTD, clemency/parole. • “Acceptance of responsibility for confining offenses.” • Forfeitures. • 14 days (deferral and waiver). • BCD/DD/Dismissal. • Unpaid appellate leave. www.court-martial.com

15. Questions? www.court-martial.com