1. Monday, May 04, 2015www.court-martial.com1 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.

2. Monday, May 04, 2015www.court-martial.com2 Commander’s Options No Action Administrative Action Counseling Formal/Informal GOMOR Article 15, UCMJ Art. 15 Refusal No further action Court-Martial Separation BOI/OTH (Board) General Formal Command Investigation No further action Counseling Article 15, UCMJ Separation Court-Martial Law Enforcement Investigation No further action Civilian Authorities Counseling Article 15, UCMJ Summary Court- Martial Special Court- Martial Article 32, UCMJ Go back to top of list General Court- Martial Separation

3. Monday, May 04, 2015www.court-martial.com3 Administrative Actions Formal / Informal Counseling. Formal / Informal Counseling. Performance Evaluations. Performance Evaluations. (Detachment) (Relief) for Cause. (Detachment) (Relief) for Cause. Punitive or Non-Punitive LOR. Punitive or Non-Punitive LOR. Denial of School/Duty Assignment. Denial of School/Duty Assignment. Loss of Security Clearance. Loss of Security Clearance. Administrative Separation. Administrative Separation. Article 15, UCMJ. Article 15, UCMJ.

4. Monday, May 04, 2015www.court-martial.com4 Article 15, UCMJ Punishments. Loss of pay. Loss of pay. Reduction in rank (enlisted). Reduction in rank (enlisted). Restriction. Restriction. Extra Duty (2 hours). Extra Duty (2 hours). Letter of Reprimand. Letter of Reprimand. Punishment may be suspended (6 months). 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. THIS IS AN ADMINISTRATIVE PUNISHMENT -- IT IS NOT A CONVICTION!

5. Monday, May 04, 2015www.court-martial.com5 Rights to Counsel Prior to official action, you have the right to have civilian counsel at no expense to the government. 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: During an Article 32, UCMJ, investigation, a Special Court-Martial, or a General Court-Martial you have the right to: Detailed Military counsel (free). Detailed Military counsel (free). Civilian Counsel (at your expense). Civilian Counsel (at your expense). Individual Military Counsel (free). Individual Military Counsel (free).

6. Monday, May 04, 2015www.court-martial.com6 General Court-Martial Punishments. Dishonorable Discharge or BCD (enlisted); Dismissal (officer). Dishonorable Discharge or BCD (enlisted); Dismissal (officer). Death; LWOP; Life; term of yrs. Death; LWOP; Life; term of yrs. Total Forfeitures. Total Forfeitures. Reduction to pay-grade E-1. 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)). 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.

7. Monday, May 04, 2015www.court-martial.com7 Pretrial Agreements (Plea bargain) Agreement to plead guilty, in exchange for a forum and/or sentence limit. Agreement to plead guilty, in exchange for a forum and/or sentence limit. Usually requires judge alone trial. Usually requires judge alone trial. Usually requires plea to most of the charges. Usually requires plea to most of the charges. Can limit any part of the sentence. Can limit any part of the sentence. Judge conducts a guilty plea (providence) inquiry of accused under oath. 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. 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. 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. 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: Example A: PTA limits confinement to no more than six months. PTA limits confinement to no more than six months. Judge gives nine months confinement; the sentence is six months confinement. Judge gives nine months confinement; the sentence is six months confinement. Example B: Example B: PTA limits confinement to no more than six months. PTA limits confinement to no more than six months. Judge gives three months confinement; the sentence is three months confinement. Judge gives three months confinement; the sentence is three months confinement.

8. Monday, May 04, 2015www.court-martial.com8 Three Choices ForumPleaTestify At trial, you have three choices to make, and only you can make them. Of course your lawyers give advice.

9. Monday, May 04, 2015www.court-martial.com9 FORUM JUDGEALONE OFFICER OFFICERENLISTED OFFENSESTATEMENT YOU TESTIFY Who will decide my fate? Who decides if I’m not guilty or guilty, and who gives a sentence if convicted? 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. You have the right to choose.

10. Monday, May 04, 2015www.court-martial.com10 Plea Litigate To Mitigate Mixed Plea Pretrial Agreement Naked Plea What should I plead, ----and why?

11. Monday, May 04, 2015www.court-martial.com11STATEMENTS FORUM OFFENSES BADCHARACTERPHYSICALEVIDENCE WITNESSES TRUTHFULNESS DO YOU TESTIFY?

12. Monday, May 04, 2015www.court-martial.com12 My Rules of Engagement General You are ALWAYS on parade. You are ALWAYS on parade. Give proper military courtesy. Give proper military courtesy. Stay away from witnesses. Stay away from witnesses. Keep that uniform sharp. Keep that uniform sharp. Shave and get a haircut. Shave and get a haircut. Eye contact. Eye contact. Don’t have an attitude. Don’t have an attitude. At Counsel Table You Are ALWAYS on Parade. You Are ALWAYS on Parade. Members/judge will be watching. They are watching you – your bearing, demeanor, reaction. Members/judge will be watching. They are watching you – your bearing, demeanor, reaction. Remain calm. Remain calm. Take notes. Take notes. Have eye contact with the judge and with the members. 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.

13. Monday, May 04, 2015www.court-martial.com13 Article 32, UCMJ Purpose. Investigating Officer makes recommendation: Investigating Officer makes recommendation: Reasonable cause to believe crime committed; and Accused committed. Reasonable cause to believe crime committed; and Accused committed. Investigating Officer recommends disposition. Investigating Officer recommends disposition. IO recommendations are not binding. IO recommendations are not binding. Defense seeks discovery of case against accused. Defense seeks discovery of case against accused. Rights. Counsel. Right to silence. Right to make statement. Cross-examine available witnesses. Call available witnesses. Discovery. 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.

14. Monday, May 04, 2015www.court-martial.com14 Immediate Post-Trial Issues Confinement (starts the day you are sentenced). Confinement (starts the day you are sentenced). Deferment request (usually NOT granted). Deferment request (usually NOT granted). Go to local confinement facility, while they find bed-space. Go to local confinement facility, while they find bed-space. Usually, sex offenses - Miramar; alcohol/drugs – Charleston. Usually, sex offenses - Miramar; alcohol/drugs – Charleston. Credit for pre-trial confinement. Credit for pre-trial confinement. Article 13, UCMJ, credit if any. Article 13, UCMJ, credit if any. Automatic good-time credit of five days per month. Automatic good-time credit of five days per month. Work abatement, or extra good-time credit. Work abatement, or extra good-time credit. MRD, FTD, clemency/parole. MRD, FTD, clemency/parole. “Acceptance of responsibility for confining offenses.” “Acceptance of responsibility for confining offenses.” Forfeitures. Forfeitures. 14 days (deferral and waiver). 14 days (deferral and waiver). BCD/DD/Dismissal. BCD/DD/Dismissal. Unpaid appellate leave. Unpaid appellate leave.

15. Monday, May 04, 2015www.court-martial.com15 Questions?