what to do if a soldier asks for a lawyer

You should start by contacting your nearest military legal assistance office for an appointment. Do not seek help ONLY from the nearest legal assistance office for your branch of service. Every military legal assistance office provides free legal assistance to eligible personnel regardless of his or her branch of service.

Full Answer

Do I need an attorney for a military investigation?

Without the help of an attorney, military investigators will do everything they can to make you believe they are your friend and that the best way you can help yourself is to “cooperate” and help them find “the truth.” Make no mistake, they are NOT your friend and they want their investigation to end with your interview.

How do I get legal help in the military?

You should start by contacting your nearest military legal assistance office for an appointment. Do not seek help ONLY from the nearest legal assistance office for your branch of service. Every military legal assistance office provides free legal assistance to eligible personnel regardless of his or her branch of service.

What can a military legal assistance attorney not do?

There are also legal areas in which a military legal assistance attorney may NOT be able to help you, including: military Administrative issues such as fitness report rebuttals or Article 138 Complaints (This varies somewhat by branch.); legal matters concerning your privately owned business.

Can a civilian defense lawyer contact the complainant of a case?

By you continuing to not contact them, the complainant may be inclined to a specific message and that may help your case. Your civilian defense lawyer can contact individuals that you have been ordered not to contact (except the complainant). Therefore, if you feel you MUST make contact, do it through your lawyer.

Does the military give you a lawyer?

Every military legal assistance office provides free legal assistance to eligible personnel regardless of his or her branch of service. For example, a Marine can obtain legal assistance from an Army JAG, just as a soldier can receive legal assistance from a Marine JAG.

Why do military need lawyers?

They protect the rights and offer legal advice to military service members and personnel accused of a civil or criminal violation. A military lawyer can also represent the military itself.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What do you call a lawyer in the military?

Leverage your law degree to serve the nation and advocate for justice as a military lawyer.

Is being a JAG worth it?

By becoming a JAG, you are guaranteed a career that has rotating assignments by location and practice area, exposing you to the world and the law in ways you could have never imagined. It provides unrivaled practical and hands-on experience to springboard your career.

Can you request a court martial?

Right to Counsel for Courts-Martial The accused always has the right to be represented at court-martial by a detailed military defense counsel, who is provided at no expense to the accused. The accused also has the right to request, by name, a different military lawyer.

Will a lawyer take a losing case?

If your case isn't winnable, no lawyer will want to waste your time, or the court's time, pursuing legal action. However, if you have a case where the facts and evidence are in question, but the damages you could recover are high, an attorney with extensive experience in cases like yours might take the case.

Do lawyers lie?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

What happens if a lawyer loses a case?

If the attorney loses the case, the client is still responsible for legal fees as stipulated in the original retainer contract. Some attorneys may agree to withhold billing until the end of a case, but they will still expect payment regardless of how the case ends.

What rank is a lawyer in the Army?

Coast Guard lawyers start at the highest rank, O-3. Marine, Air Force and Navy military lawyers start at the rank of O-2, and Army lawyers start at the rank of O-1.

What does JAG do for Soldiers?

Judge advocates are commissioned officers in one of the U.S. Armed Forces that serve as legal advisors to the command in which they are assigned. Their functions include providing legal advice and assistance in a wide variety of practice areas, as well as serving as prosecutors and defense counsel in courts-martial.

Can you sue active duty military?

They cannot sue, but they can bring an administrative claim under Richard Stayskal Medical Accountability Act. Active-duty military service members may not file suit against the United States Army, Navy, or Air Force in federal court.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Is it a good idea to talk to law enforcement?

Hopefully, this gives you the basic idea of why it is never a good idea to talk to law enforcement. It is natural for people to want to prove they are innocent, but it backfires. While you should always be respectful, always ask for a lawyer. Always.

Is it smart to ask for a lawyer?

This is not true. It is ALWAYS smart to ask for a lawyer.

Can you crucify someone if they tell you they are innocent?

Even if you are innocent and tell the truth and do not tell the police anything incriminating, your answers can still be used to crucify you if the police have evidence that something you told the police was false.

How do I find a trial defense or area defense counsel?

The simplest option is to contact the nearest military legal assistance office (using the web-based locator service) and ask for contact information for the nearest trial defense or area defense counsel office . If that does not work, contact ANY military trial defense or area defense counsel's office, and ask if they can provide you with contact information for the office closest to you. For example, a recent google search for "Area Defense Counsel Air Force" retrieved dozens of web sites and phone numbers for Air Force area defense counsel offices around the globe. Each office should have a list of contact information for every other office in the military legal defense community.

What happens if you can't afford a lawyer?

If you cannot afford a lawyer, the judge handling the case will either appoint a private lawyer to represent you free of charge or the government's public defender will handle your case, also at no charge.

How are courts martial resolved?

The vast majority of courts-martial are resolved by plea agreements , and are rarely fully litigated. If you need someone to represent you in a fully contested military proceeding (such as a court-martial), look for civilian attorneys who have that sort of experience.

Can military legal assistance be used in criminal cases?

Military legal assistance cannot represent you in criminal proceedings. If you have a non-military criminal case (for example, a DUI or a domestic violence charge), you should seek help from the local public defender or the local bar.

Can a civilian attorney be a JAG?

Ideally, the attorney will have served on active duty as a JAG (military attorney) and participated successfully in similar proceedings as a JAG. It is also helpful if the civilian attorney has recent experience with similar proceedings as a civilian counsel because military boards and panels sometimes view civilian counsel differently than those who are a JAG.

What to do if you are facing a military investigation?

What to Do if You are Facing Military Investigation. Invoke Your Rights – Do NOT talk to anyone (this includes , chain of command, law enforcement, fellow service members, friends and family) if you are suspected of a crime without the assistance of a lawyer. Your chain of command and law enforcement are required by law to inform you ...

What do law enforcement officers ask you to fill out?

When law enforcement is at the point where they are informing you of your rights, they will typically ask you to fill out a form about your physical description and simple biographical information.

What to do if you don't have anything to hide?

Even if you don’t have anything to hide, do not make their job easier. If they have probable cause, a military magistrate or commander will authorize a search warrant / authorization to obtain these items. Make them obtain a warrant. If they show you the warrant, ask for a copy of the warrant and also ask for a copy of the affidavit upon which ...

What to do if you see a warrant?

If they show you the warrant, ask for a copy of the warrant and also ask for a copy of the affidavit upon which the magistrate or commander made the probable cause determination. If you obtain both the affidavit and the authorization, it will allow you to see at least some of the evidence they have against you.

What is the goal of a sex offender?

The goal is to get you to open up and to talk to them. Ultimately they want you to waive your rights and confess to a crime. Even if they are not able to get you to confess, they will use tactics that make you feel or seem guilty which results in you talking more to clarify.

Why do people give statements to the military?

The most common reason we see for suspects to give statements to the military law enforcement is because the suspected person wants to know more about the allegation and believes they will be able to get information from the investigator – it is not worth the risk.

How to stay out of trouble while pending investigation?

Stay Out of Trouble – While you are pending investigation, all eyes will be watching you even more closely than normal. Though there is a tendency to have your attitude toward your command and your work go down, resist the temptation to act disgruntled. Remember that if you have any chance at having your case not go forward, it is in your best interest to show to your supervisors that you will not be the criminal they suspect you are. Do not get into more trouble by failing to follow the orders of your command. See above.

Can You Ask For A Lawyer During Interrogation?

In most places, yes! However, in some countries, the government might forbid having an attorney present during interrogations. Those laws exist to protect people who their governments have mistreated.

Refusing to testify against you

In the U.S., it’s illegal to arrest someone for invoking their right not to incriminate themselves. The U.S. Supreme Court said this rule applies whether they have a lawyer present. However, if the person invokes their Fifth Amendment rights and refuses to answer any questions, they might be charged with contempt of court.

Police refused to let the suspect call his lawyer

Some notable legal precedents have involved situations where the police won’t allow a suspect to contact a lawyer. In 1985, the (U.S) United States Supreme Court ruled that a man consulted with an attorney while interrogated. However, the police were still allowed to question him without having an attorney present.

Frequently Asked Questions

No, it does not. The Fifth Amendment says nothing about remaining silent. Instead, it only guarantees that no person will be forced to incriminate themselves. If you refuse to answer questions, the police can still arrest you for contempt of court. And if you lie to the police, they can charge you perjury.

What happens if an attorney has not yet had time to confer with their client?

If the attorney has not yet had time to confer with their client and learn the truth, how things went down, etc to work on strategy then silence is golden. Sometimes after speaking with the client they decide that certain statements are necessary.

What does it mean when someone says anything you say can be used against you?

Also, anything you say that would tend to be exculpatory or lend to your innocence will neither be recorded or introduced in court on your behalf. So give them only the basic information needed to book you and is required for a bond and remain quiet.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

Why don't attorneys burst in?

Another reason attorneys don’t burst in is that the very moment a potential criminal asks for an attorney then questioning stops immediately. There is no reason for an attorney to burst up in there when their client is sitting there often alone. If they invoke their right to silence or ask for an attorney’s counsel then any questioning conducted from then on is garbage and an officer will be flushing the case down the toilet to continue.

What happens if you refuse to sign an affidavit?

In many states in the US, you will be required to sign a statement affirming that you have been advised as to your rights. If you refuse, you will be advised again, either in front of witnesses, who will then sign an affidavit saying they witnessed it, or it will be on videotape.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

How many ways do police get convictions?

The Police have a difficult job and you can forget what you see on television. There are three main ways they get a conviction.

What to say when you are arrested?

So if you are arrested, the only thing you say is "I do not want to talk without my attorney present." And then (other than asking for basic needs), mean that, and keep your mouth firmly shut.

What happens if you say "I won't say anything without my lawyer"?

The moment you say "I won't say anything without my lawyer", or some equivalent, the police must stop their questioning. They told you that you have the right to remain silent and to demand an attorney, and the moment you tell them you're exercising those rights, anything more they ask is very likely to be thrown out in court anyway. They'll stop.

Why do police arrest innocent people?

If you're guilty, they may not have sufficient evidence, or it may be weak without you incriminating yourself and you may get things plea bargained to nothing. If you're innocent, well, innocent people have been convicted before of crimes they didn't commit, and often because what they said in an interrogation was twisted around. The only reason the police arrest you is because they think you're guilty, and nothing you say will help you and it stands a very good chance of hurting you. The officer has a lot more experience at this than you do, and you're not going to outwit them.

Why do police have to detain you?

The police are allowed to detain and interrogate you in order to determine whether or not probable cause exists for an arrest. This can last hours if necessary, but if they can’t develop PC for an arrest, they have to let you go. What this period of time is, is dependent on the facts at hand, and is a judgeme.

Which amendment states that you can't incriminate yourself under oath?

It's the 5th amendment -- the right not to make the choice to incriminate yourself under oath or perjure yourself.

Can you restart interrogation without coercion?

They can, however, restart the interrogation if you voluntarily restart the conversation without coercion or prompting. You can make basic requests, such as for food or water or to use the restroom, without that, but if you start discussing the situation or the crime again voluntarily, they may be able to restart questioning. If they do, though, you can always reiterate "I don't want to make any statement without my lawyer present." And then, once again, they must stop.

Can you ask for a lawyer?

The answer is simply, "No". If you ask for a lawyer, they must stop questioning you. You may be in the interrogation room for a while. But they are not waiting for you to waive your rights. They are deciding what to do. Maybe waiting for another person to show to corroborate what you have already told them. Or waiting for a transportation officer. If the case involves the possibility of someone being in danger, or a life in the balance, they may ask who your lawyer is so they can call them to come in and advise you. If you are a suspect, Law Enforcement must decide if they have enough probable cause to arrest you. If not then, at some point they must release you and continue the investigation. There are some variables, but they are not waiting for you to waive your rights.