Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO

 Pg 11  Counseling  6105  Counseling with TEETH  CRB (competency review board)  Maybe you’re not ready yet  NJP  Commander’s tool to maintain good order and discipline  Administrative Separations  You’re FIRED

 YOUR CHOICE  It’s a process  Three Options  Accept and Plead “G”  Accept and Plead “NG”  Reject

 NOT A CRIMINAL PROCEEDING  Three questions to be asked  Does a basis exist to separate the Marine  If yes, should the Marine be separated  If yes, how should we characterize his service ▪ Honorable ▪ General ▪ Other than Honorable

OTH  No educational benefits  No medical benefits  No criminal conviction BCD  No educational benefits  No medical benefits  Criminal conviction

Courts Martial

 NJP with TEETH  1 Officer is adjudicator  Punishment  30 days confinement  Reduction 1 rank (for E5 below)  Forfeitures 99% of the time – This will not turn into a conviction

 Federal Criminal Conviction  REAL DEAL  Punishments  12 months confinement  12 months forfeitures  Reduction to E-1  Bad Conduct Discharge

 Federal Criminal Conviction  For real, for real REAL DEAL  Article 32 hearing (grand jury)  Punishments  Depends on the crime

 NEGOTIATIONS  Pleas  Maximum punishments  PROVIDENCY  APPELLATE REVIEW/LEAVE

 KNOW THEM  I have the right to remain silent. I do not have to answer questions or make any statement.  Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me.  If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court.  Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer.  You will not be punished if you exercise your rights.

If you’re given the right to remain silent… exercise the right!