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PhilCave
PhilCave, Lawyer
Category: Military Law
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Experience:  33 years military law experience.
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what is an article 39a

Resolved Question:

what is an article 39a?
Submitted: 4 years ago.
Category: Military Law
Expert:  PhilCave replied 4 years ago.
http://www.au.af.mil/au/awc/awcgate/ucmj.htm#839.%20ART.%2039.%20SESSIONS
Expert:  PhilCave replied 4 years ago.
Here's the full language from Article 39(a), UCMJ. Here's the link to the UCMJ.

839. ART. 39. SESSIONS
(a) At any time after the service of charges which have been referred for trial by court-martial composed of a military judge and members, the military judge may, subject to section 835 of this title (article 35), call the court into session without the presence of the members for the purpose of--
(1) hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(2) hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(3) if permitted by regulations of the Secretary concerned, holding the arraignment and receiving the pleas of the accused; and
(4) performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to section 836 of this title (article 36) and which does not require the presence of the members of the court.
These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
Customer: replied 4 years ago.

if this process has been started how long shoould the next step take?

 

Thank you very much,

V/r

Expert:  PhilCave replied 4 years ago.
I'm not sure what you mean. You need to be more specific.
An Article 39(a) can take a few minutes or it can have multiple sessions over several days. Also, a "session" can be started and finished, and then later on another one needed. So there could be multiple sessions during a case. Most typically there is 39(a) to arraign the accused, perhaps one to set a trial schedule, perhaps one to litigate pretrial motions, and then during trial there may be a session when the members are sent out of the room while the judge and lawyes discuss something outside their hearing.

Sincerely.
Customer: replied 4 years ago.
I was interviewed by investigative service from mil branch. given miranda, and ended the interview w/o questioning. I was fingerprinted and photographed. The form that stated my rights that i signed said Art, 39 on it, but no charges. only what I was accused of. What happens now.
Expert:  PhilCave replied 4 years ago.
OK, we are talking about the wrong UCMJ article.

Your were advised of your rights under Article 31, UCMJ.

You should NOT make any statements. It is possible they will come back to you and ask if you've had a chance to talk with a lawyer and if you want to talk with them. DON'T. Tell them you want to remain silent and want a lawyer.

There is no expiration or time limit. You always retain your rights under Article 31, unless you waive them. Do not waive them.

The statute of limitations for imposition of Article 15 punishment is up to two years from the date of the offense, and five years for court-martial.

Hope that helps.
PhilCave, Lawyer
Category: Military Law
Satisfied Customers: 1064
Experience: 33 years military law experience.
PhilCave and 2 other Military Law Specialists are ready to help you
Expert:  PhilCave replied 4 years ago.
You do not have to do an additional accept.

But I did want to clarify that some crimes do not have a statute of limitations under the UCMJ, and so can be prosecuted past five years: some examples include murder, rape, child sexual abuse.

Sincerely.

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