What to Do If You’re Under Investigation or Facing UCMJ Charges
When your career, benefits, and freedom are on the line, the most important step is to protect yourself early. Whether you’ve been contacted by command, CID/NCIS/OSI, or informed of an Article 15 or court-martial process, what you say and do in the first hours and days can have a lasting impact. The Hanzel Law Firm helps service members make informed decisions, avoid common missteps, and build a defense strategy that aligns with their goals.
Immediate Steps That Can Protect Your Case
- Exercise your right to remain silent and avoid “clearing it up” informally with investigators or leadership.
- Request counsel right away before providing statements, writing a memorandum, or consenting to interviews.
- Do not consent to searches of your phone, vehicle, or residence without legal advice.
- Preserve evidence (messages, call logs, travel receipts, witness names) and avoid deleting anything.
- Limit case discussions with coworkers, friends, or on social media—those conversations can become evidence.
Understanding the Military Justice Roadmap
Military cases often move quickly and can involve multiple decision points. We help you understand what each stage means and how it may affect your record and future:
- Investigation (command inquiry or law enforcement)
- Preferral and referral of charges under the UCMJ
- Article 32 preliminary hearing in serious cases
- Negotiations and case strategy (including potential alternatives to trial)
- Court-martial and, if needed, post-trial and appeals
Military Crimes Defense in Charleston, South Carolina
Living in Charleston, South Carolina, you are part of a community with a rich military history and a strong connection to the armed forces. If you are a servicemember stationed at Joint Base Charleston or a resident of the area, facing a military crime accusation can be particularly daunting. The stakes are incredibly high, and the consequences can be severe, impacting not only your military career but also your personal life and future opportunities.
Charleston's local government and military resources, such as the Charleston County Courthouse and the Naval Consolidated Brig Charleston, play crucial roles in the legal processes you may encounter. Understanding the intricacies of these local entities and how they operate within the framework of the Uniform Code of Military Justice (UCMJ) is essential for mounting a robust defense.
At The Hanzel Law Firm, we are deeply familiar with the unique challenges faced by servicemembers in Charleston. We know the local landscape, from the bustling streets of downtown Charleston to the strategic importance of Joint Base Charleston. We understand the pressure you are under and the potential repercussions of a military crime conviction, including the loss of your GI Bill benefits, retirement funds, and the possibility of an other-than-honorable discharge.
Our team is committed to providing you with the aggressive legal representation you need to protect your rights and your future. We are here to help you navigate the complexities of the South Carolina criminal justice system and the UCMJ, ensuring that you have a strong defense strategy tailored to your specific situation.
Understanding Your Rights as a Service Member
Being a service member comes with specific rights and protections, especially when facing military crimes. At The Hanzel Law Firm, we believe it's crucial for our clients to fully understand these rights to navigate the often-complex legal landscape effectively. Whether you are accused of a minor infraction or a serious offense, knowing what you are entitled to will empower you during the defense process.
Some key rights you should be aware of include:
- The Right to Legal Counsel: You have the right to an attorney who specializes in military law, ensuring you receive the best defense possible.
- The Right to Due Process: You are entitled to a fair hearing and an impartial investigation, safeguarding your ability to defend yourself against accusations.
- Protection Against Self-Incrimination: You do not have to answer questions that may incriminate you, and you should always consult your attorney before responding to inquiries.
- The Presumption of Innocence: Remember that you are innocent until proven guilty, a principle that remains intact throughout military proceedings.
Understanding these rights is the first step in building a robust defense against military crime charges. Our dedicated team at The Hanzel Law Firm is here to guide you through every stage of the legal process, ensuring you feel confident and informed as we fight for your case.
Why Early Legal Guidance Matters
Even before charges are filed, you may face consequences such as loss of security clearance, adverse administrative actions, restrictions, and impacts on promotions or PCS orders. A proactive approach can help you pursue the best possible outcome—whether that means challenging the evidence, identifying procedural issues, presenting mitigation, or preparing for trial with a clear plan.
If you’re stationed near Mt Pleasant, SC or anywhere you need experienced guidance, contact The Hanzel Law Firm to discuss your situation and the next steps to protect your rights and your career.
Proven Track Record of Success Defending Servicemen & Women
We understand that every case is unique. We have represented Soldiers, Sailors, Marines, and Coastguardsmen for many areas, including: Charleston, Beaufort, and Fort Stewart, South Carolina; Whidbey Island, Bremerton, Bangor, Everett and Seattle, Washington; Naval Station Norfolk, Naval Air Station Oceana, Little Creek, Dam Neck, Fort Eustis. Fort Lee and Portsmouth, Virginia; Naval Station Rota, Spain; San Diego, Naval Air Station Lemoore, Miramar, Los Angeles and Alameda, California; Jacksonville, Mayport, Key West, and Miami, Florida; Fort Benning, Fort Gordon, and Atlanta, Georgia; Alaska; North Carolina; Chicago, Illinois; Washington DC, and many other locations.
We have also been stationed overseas and have spent time in Iraq, Bahrain, Afghanistan, Kuwait, Qatar, in Naples and Sigonella, Italy, and on ships at sea in the Arabian Gulf. We have experience traveling to clients and crime scenes and will not hesitate to do that if it will help you with your case.
We serve clients in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio ,Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washiongton D.C., West Virginia, Wisconsin, Wyoming, Europe and around the globe.
Understanding Military Crimes and Their Consequences
Military crimes are unique legal matters that require specialized knowledge and experience to navigate. Whether you're facing charges related to AWOL (absent without leave), insubordination, or more serious offenses, understanding the implications of these charges is crucial to mounting an effective defense.
Military criminal law differs significantly from civilian law, and it can have far-reaching consequences on your military career, benefits, and personal life. Here are a few key points to consider:
- Potential Penalties: Convictions can result in severe penalties including imprisonment, dishonorable discharge, and loss of military benefits.
- Impact on Career: A military conviction can severely hinder your career progression, limiting future promotions and job opportunities.
- Legal Process: The military justice system operates under the Uniform Code of Military Justice (UCMJ), which has its own set of rules and procedures that differ from civilian courts.
- Rights of Service Members: It's vital to understand your rights under military law, including the right to legal representation during all proceedings.
At The Hanzel Law Firm, we are experienced in military criminal defense and are here to provide you with the expertise and support you need. Our experienced attorneys will work tirelessly to advocate for your rights and ensure that you receive fair treatment within the military justice system. Don't face these serious charges alone – contact us today for a confidential consultation.
Developing Winning Defense Strategies
Whether it is initiating an investigation into abuses at a military facility, determining a strategy for winning a high-profile court-martial rape trial, or identifying the right time to deal and saving a client 30+ years in the brig with an exceptional pre-trial agreement (PTA), we understand how to evaluate cases. If you are falsely accused, you need someone on your side who will fight to exonerate you. If the evidence is against you, you may need a veteran negotiator to achieve the best deal possible. Whether you are facing the loss of your career, adverse administrative action, or criminal accusations, you can count on us to protect your rights, just as we have for hundreds of servicemembers as JAGs on active duty. If you would like to appeal an unjust result, make a complaint, or force the Government to investigate abuses of authority, we have the experience you need because we have been there and done it successfully. We value your side of the story and will listen carefully to what your goals are. In every case, with every client, our promise to you is that we will work with you to help you understand what you are facing, provide honest feedback and advice, and fight to achieve the best outcome for you.
Civilian Court vs. Military Court
Civilian courts and military courts are two distinct legal systems that operate under different sets of rules and procedures. Here are some of the key differences between civilian courts and military courts:
- Jurisdiction: Civilian courts have jurisdiction over a wide range of criminal and civil cases that involve civilians, while military courts have jurisdiction over criminal cases that involve military personnel who have violated the Uniform Code of Military Justice (UCMJ).
- Composition: Civilian courts are typically composed of a judge, a jury, and lawyers representing both the prosecution and the defense. In contrast, military courts are often presided over by a military judge and a panel of military officers who serve as the jury.
- Rules of evidence: While both civilian and military courts follow rules of evidence, the rules can be different. For example, hearsay evidence may be admissible in military courts, but not in civilian courts.
- Speed of proceedings: Military court proceedings are generally faster than civilian court proceedings because the UCMJ requires cases to be resolved more quickly.
- Punishments: Military courts can impose unique punishments, such as dishonorable discharge or reduction in rank, that are not available in civilian courts.
- Appeals process: The appeals process for military court cases is different than that for civilian court cases. Military court cases are appealed to the Court of Appeals for the Armed Forces (CAAF), which is a federal court that hears appeals from all military branches, while civilian court cases are typically appealed to a state or federal appellate court.
Overall, the main difference between a civilian court and a military court is that a military court is designed to address offenses committed by military personnel, while a civilian court handles cases involving civilians.
At The Hanzel Law Firm, we assess each case for:
- Constitutional rights violations
- Chain-of-custody/evidentiary issues
- Evidence or testimony that should be suppressed from the trial
- Improper conduct by law enforcement investigators
- Mischaracterization of the evidence by the prosecution
- Missed evidence and witnesses
