Article 32 Preliminary Hearings
Is Your Defense Team Prepared for the New Article 32 Preliminary Hearings?
Service members 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 roadblocks. 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 (800) 996-9747.