Under Investigation

Civilian Muscle for those under investigation for UCMJ.

Over many years, we have helped thousands of servicemembers who were under investigation for violating UCMJ offenses, from straightforward AWOL and drug offenses to the most challenging sex offenses and more serious crimes.

We can help you if you are suspected of a UCMJ offense and the AFOSI, Army CID, CGIS, or NCIS want to interview you. Call us if you still need to meet with the investigators because this is the best time and opportunity to protect your legal rights.

If you have already met with the investigators, we can still help you control the damage. Here is where we can help you as the investigation progresses.

Our help and availability can help when service members may be illegally punished pretrial by their commander or when other rights violations might happen.

A military defense counsel is not assigned to represent you during the investigative stage–we can.

Being investigated for a crime under the Uniform Code of Military Justice (UCMJ) is stressful for any service member. As experienced civilian military lawyers, we bring unique skills and strategies to the table. Here’s how:

1. Protecting Rights from the Start:

• Understanding the Investigation: We can decipher the complexities of the investigation, identify potential violations of your rights, and ensure you don’t accidentally waive them during questioning.
• Pretrial Maneuvers: We can challenge the legality of evidence gathered through improper searches or interrogations, potentially getting key pieces thrown out.

2. Building a Strong Defense:

• Investigative Expertise: We can conduct our investigations, interview witnesses, gather evidence favorable to your case, and uncover inconsistencies in the prosecution’s narrative.
• Legal Knowledge: We possess in-depth knowledge of the UCMJ and its interpretations, allowing them to craft arguments tailored to the specific charges and explore alternative lesser offenses.

3. Strategic Navigation of the System:

• Negotiation Powerhouse: We have experience negotiating with prosecutors, potentially securing plea bargains with reduced charges or punishments.
• Courtroom Experience: We can represent you effectively in court, presenting evidence, cross-examining witnesses, and delivering persuasive arguments before the military judge or jury. We have done many jury trials and contested cases over the years. Don’t be satisfied with a defense lawyer who has done a lot of guilty plea cases but only a few jury trials.

4. Considering All Options:

• Nonjudicial Solutions: We can explore options outside the courtroom, such as administrative discharges or pretrial agreements, potentially minimizing the impact on your career.
• Post-Trial Advocacy: Even after a verdict, we can advise on appeal procedures or fight for a sentence reduction based on new evidence or legal grounds. The appeal of court-martial convictions is one of our specialties.

5. Civilian Expertise When Needed:

• Unique Circumstances: If the alleged offense has civilian legal ramifications, a civilian lawyer can navigate the complexities of both legal systems, ensuring your rights are protected across both jurisdictions.

Beyond the Legal Arena:

• Emotional Support: Civilian lawyers understand the immense pressure service members face during investigations and can provide emotional support and guidance.
• Career Considerations: They can advise on how the UCMJ proceedings might impact your military career and explore options to mitigate potential damage.

The Bottom Line:

While military-appointed counsel plays a vital role, a civilian military lawyer brings distinct skills and experiences. Our expertise in the UCMJ, combined with investigative and negotiation prowess, can be invaluable. We will protect your rights, build a solid defense, and help you navigate the complex military justice system.

We will be better prepared to help you when and if you are given charges. We will be ready to advocate for you with the prosecutors who decide whether to proceed to a court-martial, pursue an alternative disposition, or drop the case.

As a former Chief Trial Defense Counsel and Deputy Chief Appellate Defense Counsel, We understand how the investigation process works and how to begin getting the information necessary to secure a favorable outcome in your case. Early involvement by a skilled lawyer can be a relief and reassuring for you and your family, as it significantly increases the chances of a favorable resolution.

Our military defense counsel practice has taken us to locations across the United States and to international installations in Iraq, Afghanistan, Italy, Germany, Spain, Korea, and Japan. No matter where you are, we will come to you to represent you in your case.

At Cave & Freeburg, we have experience with all types of military investigations, including:

• Inspector general investigations
• Boards of inquiry
• JAGMAN investigations
• Investigations of alleged offenses under the Uniform Code of Military Justice (UCMJ)
• Discharge review boards
• Article 15 and other nonjudicial punishment proceedings
• Aviation-related (mishaps, safety, pilot qualification) investigations

Contact a Qualified Military Law Attorney

If any military authority is investigating you, contact my office for a free initial consultation about your case. You can reach me by phone at 703-298-9562, or via email to mljucmj@court-martial.com.