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Defending Those Who Defend Us ®

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

  • "Best Experience-Best Outcome-Best Service."

    The relief we felt when we received that phone call from Joshua Hill was something I cannot even describe. If you want someone who will communicate with you and for you, fight for you, and extremely professional, hire Joshua Hill.

    - Lori
  • "Recommending, advising and informing!"

    If you are looking for an attorney who will listen to your concerns and feel that he is personally and professionally invested in results, Joshua Hill is your attorney. I was astonished by the level of knowledge Mr. Hill possesses while proving he is strat

    - Kerri
  • "Experienced, responsive, and knowledgeable."

    mmediately upon my retaining Mr. Healy he was there, accessible, through phone and text, explaining to me all the answers of the questions I had about the intimidating arena I had just been forced into. He replied to all of my concerns thoroughly and speci

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  • "Honest and Amazing Attorney."

    I called Mr.Hill and talking with him, he was very respectful, professional and most of all honest. Whenever I had a question, Mr. Hill was very accurate and informative during the whole process.

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  • "An Excellent Lawyer!"

    Gerald Healy represented my son in a very serious court martial case. He walked with us each step of the way from the beginning to the end. He put in numerous hours and left no stone overturned when working on my son’s case.

    - Anonymous

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.

  • FULL ACQUITTAL FULL ACQUITTAL

    Kings Bay, GA. Navy Master-at-Arms found not guilty of allegedly unholstering firearm and pointing it at another Sailor.

  • FULL ACQUITTAL FULL ACQUITTAL

    Spangdahlem Air Base, Germany. Senior Airman falsely accused of committing rape and sexual assault against a fellow service member. Not guilty verdict was returned with 30 minutes of deliberation.

  • CHARGES DISMISSED WITH PREJUDICE DISMISSED WITH PREJUDICE - Sexual Assault Charges Against Army PFC Dismissed with Prejudice

    Fort Campbell, KY. Sexual assault charges dismissed with prejudice after MJA exposed government discovery violations.

  • CHARGES DISMISSED CHARGES DISMISSED

    Fort Johnson, LA. Army Specialist charged with multiple sexual assaults released from confinement and had charges dismissed due to false allegations.

  • FULL ACQUITTAL

    Camp Pendleton, CA. Marine charged with sexually assaulting a dependent spouse was found not guilty after MJA obtained DNA testing.

  • FULL ACQUITTAL FULL ACQUITTAL

    Fort Stewart, GA. Army Staff Sergeant fully acquitted of larceny and solicitation to commit larceny of government property.

When Your Career Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

For A Free Consultation Contact Us Today

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