Article 32

Hawaii Military Criminal Defense Lawyer

Before any case can be brought before a General Court-Martial (GCM), the command must convene a hearing under Article 32, UCMJ.  This hearing is essentially the equivalent of a grand jury hearing in state court with a few key differences.  The importance of the Article 32 hearing in the military cannot be overstated.  This is the first time the defense gets to see the government's case presented.  More importantly, this is the first time the defense gets to attack the government's case, certain evidence or the government's actions.  After the hearing, the Investigating Officer (IO) will submit a recommendation to the Convening Authority (usually a commanding O-6 or higher) as to the proper disposition of the charges.  He may recommend that the charges go to a GCM, a Special Court-Martial (SpCM), or be dismissed entirely.  For this reason, the Article 32 hearing is often the last opportunity to avoid trial at a GCM.

Any service member facing an Article 32 hearing deserves an aggressive and experienced attorney by their side to help shape a complete picture for the investigating officer who will be providing his recommendation.  Even if the charges are ultimately sent to a GCM, the Article 32 hearing is an invaluable opportunity for a skilled attorney to discover weaknesses in the government's case and a final opportunity to secure testimony from witnesses.  The Article 32 hearing should never be a simple "rubber stamp" of a charge sheet!

If you are facing charges at an Article 32 hearing, contact our firm.  If you already have a JAG defense attorney assigned to your case, you can still hire a civilian defense attorney and have him and your free military lawyer on your case.  Essentially, you will have two attorneys fighting for you for the price of one.  There is no advantage to waiting until after the Article 32 hearing to hire a skilled defense attorney.  In fact there may be a disadvantage if your civilian counsel can't get the charges dismissed at the Article 32, the hearing process will serve as an invaluable preparation tool if the attorney ends up needing to fight the case at trial.  The time to act is now, while your attorney can still use the Article 32 hearing to your advantage. 

As career litigation attorneys we will know which witnesses to call, and how to cross examine the government's witnesses. You deserve a skilled attorney at your Article 32 hearing.