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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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My friends husband is in the navy and on paid leave pending

Customer Question

My friends husband is in the navy and on paid leave pending a hearing for assaulting an officer, which he says he didn't do. They say it happened during a meeting he was in with two superior officers and one peer, of his same rank. The two officers say he assaulted one of them, however, his peer also said it never happened and he's testifying to that. My question is doesn't the Navy have to provide him with some kind of defense counsel for the hearing? Or if he needs to hire one, what kind of attorney would he hire? Criminal?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Peter Griesch replied 9 months ago.

Yes. He should, and will likely be, provided with a Navy defense counsel. Whether the hearing is a preliminary hearing (known as an Article 32), a court date (court-martial), or an administrative separation hearing, he's entitled to military counsel at no expense. He's also entitled to hire his own civilian counsel, at his expense. If he chooses to do so, the attorney should be experienced in criminal defense, and preferably in military courts-martial.

Please let me know if you need anything clarified.