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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33069
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have been given the first reading for a Field Grade Article

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I have been given the first reading for a Field Grade Article 15. There are 3 charges on it stemming from a long investigation. The investigation is with complete lies listed under Facts and Findings. I can easily prove that I didn't do any of the 3 charges that are on the article 15, but I am curious to know if I go to a Court Martial, does the prosecution throw anything they want at me for charges?
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Yes...yes, that is a concern.

The prosecution is not limited by the Art 15 charges. As a prosecutor I ignored them (since the commands often got them wrong in the first place).

The prosecution can charge whatever the evidence allows.

Customer: replied 3 years ago.

So then what is the point of choosing a Court Martial if the prosecution just draws up another case? And more, if the investigation used lies as their evidence, then at what point do the people who lied pay for making a sworn statement?

The prosecution can not make up evidence. If you are not guilty of any crime, I would absolute choose court martial

I was referring to changing the charges when there was solid evidence to support criminal charges.

If the person who made the statement lied, and the prosecution can prove it? I would expect them to be charged.
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