Service members depend on one another to carry out their responsibilities and look out for each other. However, when criminal allegations are involved, that trust can create a serious misunderstanding.
A friend in your unit may want to help and your commanding officer may want to hear your side, but conversations with fellow service members and command personnel are not guaranteed to be confidential. What you say can become part of a criminal or military investigation.
For active-duty service members, criminal allegations can threaten your freedom, promotions, assignments, security clearances and continued military service. If you are accused of a crime, protect your rights before trying to explain yourself.
Speak with a military criminal defense attorney before discussing any potentially incriminating allegations with your unit.
Steps to Take After a Criminal Allegation
Whether you are accused of drug possession, DWI or another offense, your response can affect both your legal case and your military future. Steps you can take to help protect your rights include:
- Request an attorney. If questioned about suspected criminal conduct, clearly invoke your applicable rights and seek legal counsel before answering questions.
- Avoid discussing the allegations with coworkers. Friendship and military camaraderie do not create attorney-client confidentiality.
- Understand your reporting obligations. Certain arrests and incidents may have to be reported through military channels. An attorney can help you determine what needs to be disclosed.
- Preserve evidence. Keep relevant messages, records and documents. Never destroy evidence or ask witnesses to change their accounts.
- Take military notices seriously. If you receive notice of an Article 15 or proposed separation, consult with a criminal defense attorney as soon as possible before making decisions or missing response deadlines.
Article 31 of the Uniform Code of Military Justice protects service members against compelled self-incrimination and requires certain rights warnings before questioning about suspected offenses.
Exercising your rights does not mean ignoring lawful orders or refusing to comply with applicable reporting requirements. If questioned about suspected criminal conduct, clearly invoke your applicable rights and request legal counsel before answering questions.
Can Criminal Allegations Lead to an Article 15 or Reduction in Rank?
Yes. Depending on the circumstances, suspected misconduct may lead to disciplinary action under the Uniform Code of Military Justice (UCMJ). Army guidance on Article 15 proceedings allows commanders to impose nonjudicial punishment for certain offenses without a court-martial.
Depending on the service member's rank, the commander's authority and applicable regulations, possible punishments include:
- Reduction in rank
- Forfeiture of pay
- Extra duties
- Restrictions
- Reprimands
An Article 15 is not the same as a criminal conviction, but its consequences can still affect a service member’s finances, promotion opportunities and military record. In many circumstances, service members may have the option to decline nonjudicial punishment and demand trial by court-martial.
That decision carries serious risks and should never be made without consulting a qualified military defense attorney. The earlier you seek legal guidance, the more opportunity you may have to understand the allegations, review the evidence and prepare an appropriate response.
Can You Be Removed From the Military After Criminal Allegations?
Possibly. Some misconduct allegations can lead to administrative separation proceedings, even when a civilian criminal case has not resulted in a conviction. A service member facing involuntary separation may also have questions about the characterization of their discharge and how it could affect future opportunities or benefits.
Separation is not automatic. The procedures and potential outcomes depend on:
- The circumstances
- The service member’s status
- Applicable military regulations
A criminal defense attorney can help you understand the available options and identify important deadlines before you respond to a proposed separation.
Drug Allegations Can Threaten Your Military Career
Drug charges can have serious consequences for active-duty service members. An accusation involving possession, distribution, unauthorized drug use or a positive drug test may trigger a criminal investigation, nonjudicial punishment or administrative separation proceedings.
One mistake service members make is trying to explain the situation informally to a supervisor or asking friends in the unit what investigators know. Those conversations can create additional statements that complicate a defense.
Instead, keep relevant records and speak with an attorney before discussing details that could potentially incriminate you. A criminal defense attorney can evaluate the allegations, available evidence and procedures that may apply.
DWI Charges Can Have Civilian and Military Consequences
A DWI arrest in Texas can involve criminal charges and separate driver's license proceedings. For active-duty service members, it could also lead to administrative or disciplinary action.
Resolving the civilian case does not necessarily resolve every military concern. Depending on the circumstances, a DWI allegation can affect:
- Driving privileges
- Assignments
- Promotions
- Continued service
A civilian criminal defense attorney can examine the traffic stop, testing procedures and available evidence while helping the service member understand the importance of coordinating with military defense counsel when necessary.
Why You Should Contact a Civilian Criminal Defense Attorney
Your chain of command has responsibilities to the military. A criminal defense attorney has a professional responsibility to represent your legal interests. That distinction matters when allegations could threaten both your freedom and your career.
Do not assume that explaining yourself to your command is a substitute for legal representation. If you face civilian criminal charges in Texas, a civilian criminal defense attorney can:
- Investigate the allegations
- Challenge evidence when appropriate
- Negotiate with prosecutors
- Represent you in court, if necessary
For military disciplinary proceedings, courts-martial or administrative separation matters, you may also need qualified military defense counsel or civilian counsel with military law experience.
Protect the Career You've Worked to Build
A criminal allegation does not automatically mean the end of your military career. However, the statements and decisions you make early in the process can have lasting consequences.
Whether you are an active-duty service member facing DWI charges, drug allegations or another criminal matter, protect your rights before trying to explain your side to coworkers or leadership.
The Carlson Law Firm represents clients facing criminal charges in Texas. Our criminal defense attorneys can review the allegations, explain your options and help you determine the next steps in your case.
