The use of a sex offender registration advice form is required by U.S. v. Miller, 63 M.J. 452 (C.A.A.F. 2006) and DODI 1325.7.
Prior to trial, if you are charged with any offense that requires registration, including sexual assault, rape or Article 120 UCMJ offenses, your military defense attorney must advise you of the consequences and requirement to register as a sexual offender.Your court martial defense lawyer must also have you read the form, answer any of your questions and then sign the form.It is also good practice for your military defense lawyer to also sign the form and provide you with a copy for your records.
If you intend to plead guilty to any sex crime that may require sexual offender registration, it is essential the form be executed before the offer to plead guilty is submitted so you know the consequences of your plea. If you are aware of the consequences, they could have a great impact on the decision whether to plead guilty to a qualifying offense. In the absence of a pretrial agreement, the advice must be executed before the plea is entered. That being said, Bilecki Law Group firmly believes that pleading guilty to a military sexual assault, rape or other Article 120 UCMJ offense should be an absolute last resort and only when truly in the best interest of the client.