As part of the military, members know that discipline is a key part of everyday structure. Because everyone is human, mistakes happen, and when they do, you’ve likely heard about Article 15 UCMJ. Article 15 is what’s known as non-judicial punishment, and it’s the military’s way of dealing with less serious offenses without immediately escalating to a court-martial. It is essentially a shortcut that keeps things within the unit, but just because it’s a shortcut doesn’t mean it’s not serious. An Article 15 can lead to reductions in rank, extra duties, restrictions, and even loss of pay, but how do you know if you need an attorney for an Article 15?

Understanding Proceedings

Your commander will essentially be the judge and jury with an Article 15, deciding if you’re guilty and what your punishment should be. But their power isn’t unlimited, and you have the option to accept or turn down the Article 15. If you say no, you’re choosing a court-martial, which could mean harsher penalties, but it also means more formal protections, like having a lawyer and a trial by jury. Also, the punishments your commander can dole out are capped, so the penalty they give you has to fit within specific limits.

What Does an Attorney Do for Article 15?

Having an attorney during Article 15 proceedings will help you by bringing expertise in military law, experience with the military justice system, and a keen understanding of evidence, all set up to defend against the charges you’re facing, and to help you present your point of view to your commander.

Your Partner in Proceedings

When it’s time to present your case, your attorney can help make all the difference. They’ll help you prepare statements, gather witness testimony, and present evidence. An attorney may also coach you on how to speak to your commander to give you the best chance. Remember, in an Article 15 hearing, you’re fighting for a lighter punishment as well as your reputation and career. Your attorney can help to make your side of the story heard clearly.

When Do You Not Need an Attorney?

While having an attorney is usually the best course of action, if the offense is minor and the evidence against you is weak, you might feel confident in handling the matter yourself. But even minor offenses can have major consequences, so before deciding against attorney services, make sure you fully understand the charges, the evidence, and the potential impacts on your career. Consulting with an attorney before making your decision can also be a great option.

Facing an Article 15 can be daunting, but with the right legal support, you can more easily navigate the process. Understand your rights, weigh your options, and consider long-term implications for your career. When in doubt, seek advice from a qualified military defense attorney like those at Murphy Price for help. Contact us today to learn more.

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