Unless waived by the accused, an Article 32 preliminary hearing is required before a servicemember can be referred to a general court-martial for trial.
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If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
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The Victim and Witness Assistance Program (VWAP) provides guidance for the protection and assistance of victims and witnesses, enhances their roles in the military criminal justice process, and preserves the constitutional rights of an accused.
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A Special Victim's Counsel is an attorney who represents and counsels victims of sexual assault
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Sexual assault is intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts.
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The Department of Defense drug testing program is primarily based upon random urine tests.
Urine tests prove past usage. The tests cannot prove impairment, frequency of usage, method of ingestion, or knowing ingestion.
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Drug abuse is incompatible with military service.
Unlike alcohol abuse, which the Department of Defense (DoD) views as a preventable and treatable disease, the DoD deals with drug abuse more strictly, in that the identified drug abuser is subject to punitive action or involuntary separation.
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Nonjudicial punishment (NJP) provides commanders with a means of maintaining good order and discipline without resorting to criminal prosecution.
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A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
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Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
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Military legal assistance attorneys are unable to represent individual servicemembers or their families in civilian court.
The American Bar Association (ABA) Pro Bono Project provides an opportunity for civilian attorneys to assist active duty military clients E-6 and below and their family members.
A prenuptial (or antenuptial) agreement allows a couple contemplating marriage to determine how property will be divided and spousal support will be paid in the event of a subsequent divorce.
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Smart pre-divorce planning can make a huge difference in your divorce.
You will need to gather financial, tax and legal information to proceed with a divorce.
Legal separation can be an option if divorce is not a reasonable alternative due to religious beliefs or the prospective loss of medical benefits.
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Service members on active duty, including Reserve Component members who are called to active duty for 180 or more consecutive days, are eligible to request reimbursement for qualifying adoption expenses related to adoption of a child under 18 years of age.
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Divorce laws and procedures are different in each state.Most states have simplified procedures for "no-fault" or "irreconcilable differences" divorces.
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Courts determine custody based on a child's best interest.
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