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I have a question about the rights of an individual being investigated in a 15-6

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 11 months ago.Category: Military Law
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Customer reply replied 11 months ago
I have reason to believe that the investigating officer may be biased. What can I do about this?
Answered in 33 minutes by:
9/17/2017
Military Lawyer: Bill Attorney, Lawyer replied 11 months ago
Bill Attorney
Category: Military Law
Satisfied Customers: 2,803
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your military law question today. In a command and criminal investigation you can assert your article 31 rights under UCMJ and your right not to give an incriminating statement.

"

a) No person subject to this chapter may compel any person to incriminate himself or to answer any questions the answer to which may tend to incriminate him.

(b) No person subject to this chapter may interrogate, or request any statement from an accused or a person suspected of an offense without first informing him of the nature of the accusation and advising him that he does not have to make any statement regarding the offense of which he is accused or suspected and that any statement made by him may be used as evidence against him in a trial by court-martial.

(c) No person subject to this chapter may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence in not material to the issue and may tend to degrade him.

(d) No statement obtained from any person in violation of this article, or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against him in a trial by court-martial."

As the purpose of a 15-6 investigation is to build a case it is important to seek legal representation so that potentially unlawful means to procure evidence are challenged by your attorney and that your due process rights are upheld.

Your attorney can challenge the evidence that has been procured in case of bias.

We are here to help.

Please follow up with me if you require anything else.

In return remember to rate positively today.

You do this by rating 5***** , 4**** or better.

SO I hope you rate FIVE STARS today.

Thank You

Attorney Bill

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