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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15652
Experience:  Lawyer and current JAG officer.
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hello name is XXXXX XXXXX am currently deployed and just have

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hello name is XXXXX XXXXX am currently deployed and just have 2 questions to ask on where to even begin researching this information. So am i able to read sworn statements against me during an investigation on me? I am married and nothing but rumors have been said against me and saying that i have been committing adultery and fraternization. Are those pretty solid to stick if they are nothing but rumors?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines, including JAG.

The right to confront witnesses against you doesn't actually come into play until after some action has been taken against you.

So, during the investigation phase, you actually have no right to read any statements being made against you. During the course of the investigation, they can maintain complete secrecy about what they are collecting or they can be overt about it, telling you everything they are doing.

In fact, they can even lie during an interrogation and tell you that they have proof and just need you to come clean about it.

So, maintain silence as is your right under Article 31 of the UCMJ. IF you are charged with anything, then you will legally have the right to review all of these statements, refute them and challenge the witnesses against you.

Now, with these rumors that you are talking about, everything will depend on what the actual statements are. If people are saying "I heard from this person and that person" those are hearsay statements which have to be chased down to the source. If someone has personal knowledge, their rumors are actually testimony and it can be considered.

So, I can't really speak to the strength of the evidence without knowing who is actually saying what.
Customer: replied 1 year ago.

So i do challenge the witnesses what process will follow through? im going to be questioned tomorrow morning as soon as i get to work and want to be prepared for anything thrown at me. I would like to have some AR's and regulations in my hand in case the IO tries to pull something

Expert:  Allen M., Esq. replied 1 year ago.
You can't really challenge the witness until there is an actual charge against you and due process starts.

Right now you are in the investigation phase. Unless you have absolute proof to refute any allegations against you, your best option at this stage is to invoke your right to silence under Article 31. Otherwise, you risk giving them information that you think it helpful, but which they can twist to their own purpose.

You simply are not in a position to take AR's with you and start throwing around law. None of it applies yet. During the investigation, there is no forum to assert you rights or try to force them to stop. You have one power now and that is Article 31, silence.

Once they charge you, THAT is when all the legal protections come into play, including the right to an attorney, criminal rules of procedure and evidence and the right to confront witnesses.

Claiming your Article 31 rights gives you all the ammunition that you have right now. Just listen to what they have to say, ask if they'll show you evidence, but don't answer questions or make statements of any sort concerning this issue.

I know this seems totally contrary to your thinking here. You want to come out and attack these statements against you. I understand that motivation, but you gain nothing at this stage by trying that.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 15652
Experience: Lawyer and current JAG officer.
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