Article 32 Preliminary Hearings
Is Your Defense Team Prepared for the New Article 32 Preliminary Hearings?
accused of a crime in the military have seen their rights erode, slowly but surely, over decades. The new
changes to the Article 32 Preliminary Hearing is the government doubling
down on these tactics, making it even more difficult for the accused’s
defense team to properly protect him or her in court. In a nutshell, the
alleged “victim” of a crime has been afforded all new rights,
whereas the defendant must do with fewer.
If that sounds completely absurd, then you’d be in good company.
These changes, taken together with the guilty-until-proven-innocent mentality
of the military’s law enforcement arm (the CID, NCIS, and OSI),
can render an accused service member near-defenseless without a strong
legal team aggressively advocating for them in court. In fact, now more
than ever, it’s imperative that the accused find a legal advocate
that can maneuver past the hurdles of the new Article 32 Preliminary Hearings
and make it to their trial with the momentum still in their favor.
What to Expect During Your Preliminary Hearing
The purpose of an Article 32 Preliminary Hearing is to determine whether
there is probable cause for the accused to commit the crime that he or
she “supposedly” committed. That’s it.
Gone are the days when the defense could test government evidence, call
the alleged “victim” to the stand to cross-examine him or
her, and identify strategic flaws in the prosecution’s case. These
rights have been taken away, leaving only the most capable defense teams—the
ones that have performed their own investigations into the case, the evidence,
and the testimony—prepared when the inevitable court date arrives.
We don’t mention this to scare you. While frustrating, these changes
are more of a hindrance to experienced defense teams—not road blocks.
Unfortunately, the same cannot be said of ill-prepared court martial lawyers
that don’t do their homework. Without the ability to assess the
prosecution’s strengths and weaknesses, it becomes that much more
difficult to secure their clients a not-guilty verdict.
You Know What You’re Up Against. The Real Question Is: Are You Prepared
for a Fight?
Victories don’t come easy in court. You’ll likely be up against
deceptive witnesses, faulty evidence, and a prosecution that wants to
see you behind bars. You have a choice, however, to fight back. And in
order to fight back, you’ll need true gunslingers at your side to
ensure complete and total victory over the government. Regardless of the
changes to the Article 32 Preliminary Hearing,
Bilecki & Tipon won’t stop fighting for your case.
Call the law firm of Bilecki & Tipon TODAY to discuss the future of your case. Our court martial attorneys available
24 hours a day, 7 days a week, at