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Military Justice
Courts-Martial
Help
me defend your case by following these rules:
First
rule: keep quiet... do not talk! Immediately request an attorney.
If you are a suspect, or have reason to believe that you may become a
suspect, the single most important rule for you to follow is to say nothing
and request an attorney.
Talk to no one except your attorney. Do not talk with friends, relatives,
your chain of command, or law enforcement personnel about the matter
regardless of your relationship with them in the past and regardless of what
such person may say to you.
Anything you say to anyone other than your attorney, by talking, writing, or
even gestures may be used to convict you. It will not help you to tell anyone
other than your own lawyer anything related to the situation. Do not 'be
reasonable', do not 'cooperate'. Be quiet, composed, say nothing, and request
an attorney!
Your Article 31 rights under the UCMJ:
Before even attempting to ask you any questions, military investigators who
suspect you of committing a criminal offense must read you your UCMJ Article
31 rights which include the right to remain silent (see sidebar on right).
Exercise that right and remain silent!
Request an attorney. Do not answer any questions!
You can talk
with me in complete confidence; what you tell me generally is protected from
disclosure by attorney-client confidentiality and may not used against you.
Get
started on your defense now.
The sooner we can start working together on your defense, the better the
outcome is likely to be. Witnesses or evidence that could help your case may
not be available in the future.
Do not wait until after mistakes have been made that may get you convicted.
Email me today for expert help.
The
sooner I can start working together on your defense, the easier it will be to
obtain a positive result.
The best way to reach me is to send me an email with a brief description of your
situation: info@partington-foley.com. You may also send
faxes to (808) 533-4588 or call 1-808-526-9500. The best time to call is
between 3:30 p.m. and 5:30
p.m. Hawaiian Standard Time (0430-0630 hours zulu).
I cannot return international phone calls. Please understand that you cannot obtain
competent advice on the Internet, so do not email me about your case
and expect me to advise you.
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Courts-Martial Survival Guide
1. Talk only to your military or civilian
defense counsel.
2. You have an absolute right to remain silent. Use it at all times!
Talking to investigators or your superiors will generally NOT help your case.
It may, however, help convict you.
3. Watch out for the good cop/bad cop routine. Government
investigators are paid to convict you, not to help you, and they will lie to
you in order to get you to talk to them.
Article
31 of the UCMJ (10 U.S.C. § 831) provides that: No person subject to
this chapter may interrogate, or request any statement from, an accused or a
person suspected of an offense without first informing him of the nature of
the accusation and advising him that he does not have to make any statement
regarding the offense of which he is accused or suspected, and that any
statement made by him may be used as evidence against him in a trial by
court-martial.
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