Service members suspected of a crime have the absolute right to consult with an attorney, military or civilian, before waiving their rights. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence which they intend to use against you. Absent probable cause, the only way law enforcement can search or seize your property is with your consent. 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. There is also no obligation to consent to any search or seizure of your person or property. In some cases, the underlying allegations go away entirely and the Drill Instructor/Sergeant is left with the alleged false statements as the only surviving charges. If the statement you make is different from that of the alleged victim, you may be charged with making a false official statement or obstruction of justice. Providing a statement to law enforcement almost never helps and may result in additional charges. Service members have an absolute right to remain silent if questioned about a suspected UCMJ violation. “Cooperating” with law enforcement doesn’t make you appear innocent–it just makes the government’s case against you stronger. Given their outstanding military service record, there is a strong temptation for Drill Instructors/Sergeants to “cooperate” with law enforcement by providing a statement (written or verbal) or giving consent to a search. It takes hard work, investigation, and experience.ĭrill Instructors/Sergeants and Cadre are particularly vulnerable during criminal investigations. But telling a better story doesn’t just happen. With any defense, however, winning at court-martial is ultimately about creating reasonable doubt by telling a better story than the government. Establishing a clear timeline and presenting good military character evidence provide additional avenues to defend against the charges. Pretrial interviews lock witnesses into their testimony and can be used at trial for lines of impeachment, to show a motive to fabricate, or to demonstrate inconsistencies in the government’s evidence. Pretrial investigation is critical to successfully defending allegations in the recruit/trainee context. By this time, key witnesses are often scattered throughout the United States and abroad, making communication difficult. Typically, military counsel will not be assigned to represent a service member until months after the alleged incident took place, after charges have been preferred. Their statements are often unreliable and contradictory. They often involve the testimony of dozens of recruits who are new to the military and overwhelmed by the training environment. For example, Army Directive 2016-17 prohibits inappropriate relationships and activities between trainers and trainees during entry-level training.ĭrill Instructor/Sergeant cases are unique. The individual service branches have separate punitive orders/directives also dealing with this type of conduct, violations of which can be charged under Article 92, UCMJ. Importantly, Article 93a specifically states that consent is not a defense. It prohibits those in special positions of trust, like Drill Instructors/Sergeants or Cadre, from engaging in sexual activity with a military recruit, trainee, cadet, midshipman, or officer candidate. Article 134 – Indecent conduct, indecent language, or general disorders prejudicial to good order and discipline or service discreditingĪrticle 93a, UCMJ, effective January 1, 2019, specifically criminalizes abuses by those in training leadership positions.Article 107 – False official statements.Article 93a – Prohibited activities with military recruit or trainee by person in position of special trust.Article 92 – Failure to obey order or regulation.Common charges that Drill Instructors/Sergeants must defend against include: Contact one of our military defense lawyers today to learn more.ĭespite their incredible sacrifices and hard work, Drill Instructors/Sergeants across the services are increasingly becoming the subject of investigation, nonjudicial punishment, and court-martial prosecution due to allegations of misconduct in the training environment. MJA has successfully defended Drill Instructors/Sergeants and Cadre across the military branches in some of the most complex and serious misconduct and recruit abuse cases in the nation. MJA understands the tireless work, sacrifice, and commitment Drill Instructors / Sergeants and their families devote to one of our nation’s most important responsibilities-transforming everyday civilians into United States Soldiers, Sailors, Airmen, and Marines. Drill Sergeant/ Instructor Misconduct Defense
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