- I have been given a charge sheet or told that I am going to be charged, what do I do?
- A military investigative service (such as NCIS) has contacted me and wants to speak to me, or my command has ordered me to go talk to them - what I should I do?
- What is NJP (Non-Judicial Punishment)/Captain's Mast
- What is Courts Martial? What is the difference between a special and general Courts Martial?
- Why is making a "false official statement" such a problem?
- Investigators want my permission to search my house, garage, car, computer, camera, tape recording, etc, etc. Should I give it to them?
Q. I have been given a charge sheet or told that I am going to be charged, what do I do?
A. You will be assigned "detailed counsel" from the JAG Corps. Often a Lieutenant who does not have too much experience. Keep in mind, civilian counsel such as Mr. Bodow, does not have to worry about his military career. A young Jag attorney may have that consideration. Feel free to speak with your detailed counsel, but no one else, even your best buddy, since that person can be questioned and called aw s a witness regarding conversations you had. Make no statements, or additional statements if you have already spoken to authorities or investigators. Use your right to remain silent. Sign no forms acknowledging your right to remain silent, but waiving it(giving it up). Even if you tell the truth, but they do not believe you (and they seldom do), you can be charged with an additional count of making a false official statement. Because under the Military code of justice, you must make only truthful statements. It's a crime not to.
So...you either remain silent, preserve all your rights, and make it harder for them to get a conviction, or you speak to them, get charged, and make it harder to defend your case.. Its your choice. DO NOT BE BULLIED BY YOUR INTERROGATORS. They often suggest that if you have nothing to hide, there's no reason to refuse. That is rubbish. You can always speak to them after you have spoken to me...if you want.
Q. A military investigative service (such as NCIS) has contacted me and wants to speak to me, or my command has ordered me to go talk to them - what I should I do?
A. CALL ME!! DO NOT TALK TO THE POLICE OR GOVERNMENT INVESTIGATORS. You have the right to remain silent. If they want to speak to you, it is probably because they need more evidence against you or someone you know, in order to get a conviction. Just the fact that you have been contacted is scary. Tell them you may speak to them, but you want to talk with an attorney first. Then call Mr. Bodow.
Q. What is NJP (Non-Judicial Punishment)/Captain's Mast
A. They are among the lowest forms of disciplinary proceedings. They cannot result in criminal discharge from the service. They can result in restriction for a period of time and loss of rank and pay. Civilian attorneys are not often retained for these matters, as they cannot be that effective in assistance at the hearing. However you may consider consulting with an attorney. Speak with military defense counsel first.
Q. What is Courts Martial? What is the difference between a special and general Courts Martial?
A. Members of the military services are subject to military discipline and criminal prosecution for illegal activities while in the service. Even if there is a parallel prosecution in a civilian court, one's command can prosecute on the military side. Although there are no "misdemeanors" or felonies" in the military system, it is helpful to think of certain charges along those lines. In civilian courts, a misdemeanor is a crime for which punishment may include up to one year of custody in county jail, but not prison. A felony is an act for which one's punishment can include custody in prison, generally for more than a year. Similarly, a special courts-marshal can order custody for up to one year. It is often served locally. Is San Diego, that may be at the brig at Camp Pendleton, or at the Miramar Brig. A general courts- marshal is empowered to assess prison custody, for a period of years, determined by analysis of the charges, often served at Leavenworth Federal Penitentiary.
Your detailed military counsel can be discharged when you retain civilian counsel. We tend to keep them on the team, as they can give great insight into aspects of the case, including the personalities of the judge and the government's "trial" counsel.
Q. Why is making a "false official statement" such a problem?
A. Because it is a separate crime for which you can, and will be charged. If you make no statement to investigators or your command when asked to do so, they have no statements to rely upon to suggest you have lied, and made a false official statement. MAKE NO STATEMENTS TO INVESTIGATORS. Speak with Jerrold Bodow. Even if you do not retain him, anything you discuss is shielded by the "Attorney -Client privilege".
Q. Investigators want my permission to search my house, garage, car, computer, camera, tape recording, etc, etc. Should I give it to them?
A. The Fourth Amendment of the U.S. Constitution prohibits illegal searches and seizures of your property. You can give up, or waive that very important right by granting permission to a government agent (police, NCIS, Military police, etc) to search.
I If they are asking your permission, it may be because they have insufficient information to get a search warrant. They may tell you they will get a warrant anyway if you do not give them permission. But, they can lie to you. NEVER GRANT PERMISSION TO SEARCH. TELL THEM TO GET THAT WARRANT. Do not believe them if they tell you they will go easier on you if you give them permission to search. They do not have the authority to make that promise. Only the prosecutor has that authority.
