Article 32 Investigations

Charges have been preferred, and they are going to an “Article 32” . . .

When you receive notice that your case is going to an “Article 32 Investigation, this is an indication that the command views the criminal charges as significant.  By your commanding officer appointing this investigation, he or she is signaling that your case is the type of case that may merit a felony level of court, with potential exposure of years of confinement and a dishonorable discharge. 

An Article 32 Investigation is potentially an extensive evidentiary hearing before an impartial investigating officer, where the prosecution is required to show “probable cause” to support the charges, and the defense has the opportunity to question government witnesses and depose other relevant witnesses to the case.  If the appointing authority believes the grounds are adequate, he or she can forward the charges to a higher level with recommendations that it be referred to a general court-martial.  The convening authority can also decide to dispose of the charges in another way. 

Too often, prosecutors try to turn this process into an administrative “rubber stamp,” wherein they seek to show probable cause by the least challenging means possible—by the submission of a paper case, and the avoiding of calling live witnesses.  Too often, military defense counsel miss this opportunity to put the government’s feet to fire, require them “show their cards” on the record, and lock their witnesses into sworn, recorded testimony that can be used like a deposition.

This is the place where the fight begins

You have significant procedural rights at the investigation, which can turn the process into a treasure trove of discovery, while developing the groundwork for later negotiations and potential dismissal of charges or disposition at a considerable less serious level.  You have the right to present, to be represented by your detailed military counsel, military counsel of your own selection, if available, and civilian counsel.  You have the right to gain access to the government’s evidence before the hearing, to interview their witnesses, to object to evidence and to require the calling of live witnesses who are under the control of the military.  Under the rules, the questioning of witnesses can be much broader than at a trial, and allows for discovery in a formal fashion both problems with the government’s case and issues of credibility of the government’s witnesses.  You also have the right to call witnesses, even those adverse to your case, and to present evidence on your own behalf.  In short, you have the right to gain a significant, detailed preview of the government’s case against you, and to develop a grounds for a more favorable disposition of the case. 

Now is the Time to Act

I have been involved in hundreds of Article 32 investigations.  I know how to develop your case, how to put the government’s feet to the fire, and how to discover the extent of the government’s knowledge of the facts.  Working with you and your military counsel, we can make significant progress at this stage to improve the likelihood of a favorable result in the future.

Contact me.  Now.