Article 32, UCMJ, Hearing
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 preliminary hearing in state court. The importance of the Article 32 hearing in the military cannot be overstated. 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 altogether. For this reason, the Article 32 hearing is often the last opportunity to avoid trial at a GCM.
Any servicemember who is facing an Article 32 hearing deserves an aggressive and experienced attorney by their side. 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 may be be facing charges an Article 32 hearing, contact the Law Office of Shawn M. Cline without delay. If you already have a JAG defense attorney assigned to your case, you may hire a civilian defense attorney while keeping your free military lawyer on your case. Essentially, you may have two attorneys for the price of one. There is no advantage to waiting until after the Article 32 hearing to hire a skilled defense attorney. The time to act is now, while your attorney can still use the Article 32 hearing to your advantage.
Shawn Cline has handled countless Article 32 hearings all over the world. He knows which witnesses to call, and he knows how to cross examine the government’s witnesses. You deserve a skilled attorney at your Article 32 hearing. Shawn Cline is ready to take on your case!