Article 32 Hearing
Before a Commanding General can refer charges to a General Court-Martial, a thorough and impartial investigation into the basis for the charges must be conducted. This inquiry is called a preliminary hearing or an Article 32 hearing, and it has three main purposes:
- to inquire into the legal sufficiency of the charges;
- to consider the form of the charges; and
- to consider which forum is appropriate to handle the pending disciplinary action.
Beyond the stated purpose of the UCMJ Article 32 hearing, it also offers the accused a powerful discovery tool into the government’s case and provides defense counsel access to investigative files, as well as an opportunity to cross-examine important government witnesses, such as the alleged victim(s) or investigators.
Upon conclusion of the Article 32 hearing, the hearing officer drafts a report for the Commanding Officer/General who ordered the investigation. The Article 32 report is advisory in nature; accordingly, the Commanding General may favorably endorse the investigating officer’s opinion as to disposition, or reject the advisory opinion and refer charges at his own discretion.
What Our Clients Say
-
"He is an articulate pitbull in the courtroom."
My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.
- Corporal, USMC -
"It Was Like a Scene From a Movie"
The results I received from the board was the best possible outcome in my favor and saved my career and my family’s future.
- Master Sergeant, USAF -
"I trusted him with my career on the line, and he was outstanding."
Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
- Petty Officer Third Class, USN -
"I would not want my fate in anyone else’s hands."
Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
- Airman First Class, USAF -
"Mr. Hodge was relentless in his defense of me"
Mr. Hodge was relentless in his defense. . . and absolved me of any wrongdoing under the UCMJ.
- Corporal, USMC
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.
-
"NOT GUILTY" NOT GUILTY
Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.
-
"NOT GUILTY" Fort Cavazos, Texas
Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.
-
"NOT GUILTY" Parris Island, South Carolina
Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.
-
"NOT GUILTY" Kings Bay, Georgia
Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.
-
"NOT GUILTY" Spangdahlem Air Base, Germany
Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.