Military Law

Have Military Law Questions? Ask a Military Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Military Law
This answer was rated:

Ive been called to testify as a witness to a court martial.

I've been called to testify...
I've been called to testify as a witness to a court martial. I do not want to testify as I may incriminate myself. I believe I am a key person to question for the prosecution, but I have my own pending appeals and upcoming show cause board and I do not want to make any statements that can be used against me. Can I use my article 31 rights for a court martial?
Show More
Show Less
Ask Your Own Military Law Question
Answered in 8 minutes by:
7/12/2013
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,550
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Hello,

Thank you for the information and your question. You don't have an option about appearing at the court-martial. Just as in the civilian arena, if you are subpoenaed you must appear. You can though refuse to answer certain questions that would be incriminating for you to answer based on the 5th Amendment right against self-incrimination. Not exactly Article 31, but the 5th Amendment. That said, you could also conceivably be given testimonial immunity by the prosecution. That means that you must testify truthfully and completely but that what you say cannot be used against you in any way (assuming it is true.)

But, in order to get that testimonial immunity, you need to speak to a defense judge advocate, probably the one who is helping you with your show cause hearing, about assisting you in this effort.

So, you can either ask for testimonial immunity and have a JAG review the agreement before you sign it, or you can refuse to answer only the incriminating questions by saying "I refuse to answer that on the grounds that it may incriminate me." Those are your options.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,550
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
Verified
Marsha411JD and 87 other Military Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Can I be detained or not answering questions?

Not exactly sure what you are asking, can you clarify your question? Do you mean if you invoke your right to remain silent on incriminating questions (remember that not all questions can be incriminating, for example, you name, duty station, knowing someone, etc.)? Or do you mean if you didn't show up after being subpoenaed? Or do you mean not testifying even after receiving testimonial immunity?
Ask Your Own Military Law Question
Customer reply replied 4 years ago

I will show up as subpoenaed but,


 


Once I'm on the stand and a question comes about that I refuse to answer, I can't be made to answer that question correct?


 


Can I be charged with anything for not answering a question?


 


I do not plan to except testimonial immunity as I do not want to testify against the subject on trial

Thank you for your reply. Just to clarify, you don't get a choice about testimonial immunity. Sorry if I wasn't clear on that. If the Government gives it to you, then you have to testify or you will be held in contempt of court and could be disciplined either through court-martial or NJP. So, if you invoke your right to remain silent on incriminating questions, the Government can then decide if they are going to give you testimonial immunity, if they do, you have no choice.

But, assuming they don't do that, then you cannot get into trouble for invoking your right to remain silent on questions that your response would be incriminating. But you really need to be working with your defense JAG what is helping you with your own disciplinary issues on this. They can work with the Government to make sure your interests are protected.
Ask Your Own Military Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 20,550
20,550 Satisfied Customers
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

14,718 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

20,550 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
In 2010 while awaiting General Courts Martial I received my
In 2010 while awaiting General Courts Martial I received my military pay and per diem (I was on per diem when the charges were brought against me, so the command was still responsible for the per diem… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am being asked if I have been subject to court martial or
i am being asked if I have been subject to court martial or other disciplinary procedure under UCMJ such as article 15, or article 135. I had to go to XOI 3 yrs ago because I missed the BCA weigh in b… read more
Marsha411JD
Marsha411JD
Lawyer
20,550 satisfied customers
How can I fight NJP as a witness for a coworker?For example,
How can I fight NJP as a witness for a coworker?For example, an 05 or 06 reported that a driver of a military vehicle was speeding, driving recklessly and made obscene gestures while to an officer (a … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
How can i tell what kind of court martial i received from my
how can i tell what kind of court martial i received from my dd214? above court martial it says SPSCMONO 94-500 DTD 94JUN06 and a separation code I can't find? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
My son was in the CG and courts-martialed in 2006/7 for
My son was in the CG and courts-martialed in 2006/7 for assault (He punched his wife on the arm when she tried to take their daughter from his arms (one punch, no bruises); and also for attempt to pos… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I know a Marine that is in a tight spot with a NJP on
Second opinion] I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physicall… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I know a Marine that is in a tight spot with a NJP on
I know a Marine that is in a tight spot with a NJP on Adultery. Can they still charge him with Adultery if his Ex wife signed the divorce papers but weren't filed yet? No one physically saw the Marine… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I was njp on a ship and unable to request anything other
I was njp on a ship and unable to request anything other than taking the punishment. After deployment I suffered from an anxiety disorder and went to visit my sick family member during 96 hour vacatio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was convicted by general court martial back in 2002 or
Hello, I was convicted by general court martial back in 2002 or 2003 for larceny. I was only sentenced to 7 months, but the maximum penalty is something like 30 years. Having a maximum sentence of gre… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am coming close to the end of a Special Court Martial and
I am coming close to the end of a Special Court Martial and I was curious if a bad conduct discharge is considered a felony in Washington state? I am being charged with the following; Unauthorized Abs… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I got NJP in the military. NCIS was involved so my charges
I got NJP in the military. NCIS was involved so my charges appear on NCIC. They were dismissed how do I get this removed?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
Im trying to explain a summary court martial to a real
im trying to explain a summary court martial to a real estate licensing board … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am a Navy LCDR about to receive NJP for UA. There are
I am a Navy LCDR about to receive NJP for UA. There are extenuating circumstances, but nonetheless it's happening, an I'm happy to go. My question is, can I submit a resignation letter now and ask to … read more
Marsha411JD
Marsha411JD
Lawyer
20,550 satisfied customers
I was just taken to NJP for dui and my statement was the
I was just taken to NJP for dui and my statement was the only thing that was used for evidence. Does the navadmin still apply that states that your statement can not be the only form of evidence and y… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
What can I do if my court-martial request is not honored? An
What can I do if my court-martial request is not honored? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I am going to a court martial for assault and I was
I am going to a court martial for sexual assault and I was wondering if I am found innocent what exactly can I sue the other service member for? … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
I had a court martial back in 1988, the result was BCD. My
i had a court martial back in 1988, the result was BCD. My first discharge was in 1982 . My question is do the first discharge court for anything. I recieved the BCD with no jail time . what are my ri… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers
When offered NJP or Court Martial and you elect Court
When offered NJP or Court Martial and you elect Court Martial but the CO doesn't want to do that. I was told that i now have to do admin board but I didn't ask for that i asked for court martial. I no… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
14,718 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x