Is there a statute of limitations on Article 120 charges under the UCMJ?
Statutes of limitations exist to protect accused persons from being prosecuted for conduct so distant…
Can an Article 120 accusation made overseas be prosecuted in a U.S. military court?
UCMJ jurisdiction is not limited by geography. A service member who commits an offense while…
What happens if the alleged victim refuses to cooperate with prosecutors after filing an unrestricted report?
When the person who filed a report declines to participate in the prosecution, military investigators…
Can text messages and social media posts be used as defense evidence in Article 120 proceedings?
Digital communications have transformed the evidentiary landscape in Article 120 cases. Text messages, social media…
The accuser has changed her story twice. How does inconsistency affect an Article 120 case at trial?
Inconsistency in a complaining witness's account is among the most powerful tools available to a…
If I am acquitted at court-martial, does the charge still appear anywhere in my military record?
An acquittal at court-martial is a verdict of not guilty, but it is not a…
Can I request trial by judge alone instead of a panel at a general court-martial?
Military panels are not juries in the civilian sense. They are composed of commissioned officers,…
What is the maximum sentence a special court-martial can impose compared to a general court-martial?
The distinction between a special and a general court-martial is not merely administrative. It reflects…
Can a summary court-martial result in a federal conviction on a permanent civilian record?
One of the most persistent misunderstandings about military justice is the belief that any court-martial…
Who decides whether a service member faces a summary, special, or general court-martial, and can the accused influence that decision?
The decision about which type of court-martial a service member faces is made by a…
What is a pretextual investigation in military law and how is it challenged before charges are referred?
Military investigations are supposed to be triggered by evidence of misconduct, not by personal conflict,…
Can evidence obtained through an illegal search still be introduced at an Article 32 hearing?
Evidence gathered through an unlawful search does not become automatically admissible simply because it is…
If the Article 32 officer recommends dismissal, does the convening authority have to follow that recommendation?
The preliminary hearing officer who presides over an Article 32 hearing produces a recommendation, but…
Can the defense call witnesses at an Article 32 hearing, or is the process entirely one-sided?
The Article 32 preliminary hearing is often misunderstood as a formality, a brief procedural stop…
Can a fellow soldier question me on behalf of investigators without triggering Article 31 protections?
Not every question that produces a damaging statement is asked by a trained investigator. Military…
Does invoking Article 31 make me look guilty to my chain of command?
The decision to assert Article 31 rights is a legally protected act. No commander, investigator,…
If I invoked Article 31 but kept talking anyway, can that statement still be used against me at trial?
Invoking the right to counsel or the right to remain silent under Article 31 is…
How is Article 31 different from Miranda, and why does that difference matter in a military case?
Article 31 of the UCMJ and the Miranda rights familiar from civilian law both exist…
Can a military member be prosecuted under UCMJ for conduct that occurred before they enlisted?
The Uniform Code of Military Justice extends jurisdiction over service members from the moment they…
My phone was seized by military investigators. Can they search it without a separate court order?
The seizure of a phone by military investigators sets off a series of legal questions…
I found out I am being investigated but no one has officially notified me. What can I do right now?
Military investigations frequently begin long before the subject of that investigation receives any formal notice.…
NCIS knocked on my door off-base. Can they enter without a warrant?
NCIS operates with broad investigative authority, but that authority does not follow agents through the…
My commander said it is just an informal conversation. Does that still trigger my Article 31 rights?
The phrase "informal conversation" carries no legal weight under the Uniform Code of Military Justice.…
CID showed up at my barracks asking questions. Do I have to talk to them?
When the Criminal Investigation Division arrives unannounced, most service members feel immediate pressure to cooperate.…