Posted on Oct 7, 2017
If a soldier waived his rights in an investigation does article 31 UCMJ not apply when a written statement is the only evidence against him?
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Legal Services
UCMJ
Article 15
Court Martial
Edited 7 y ago
Posted 7 y ago
Responses: 2
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You can wave your art 31 rights and if you do then yes that can be used as evidence.
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PFC (Join to see)
Is a sworn statement sufficient to convict in a court martial setting? The written statement is related to an Article 112. A lawyer under TDS recommended turning down an Art 15 under the premise of insufficient evidence. SM contacted JAG and they've told SM it is not enough evidence as well.
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SSG (Join to see)
PFC (Join to see) - this is not a place for legal advice. TDS (which was already done) are the ones to talk to not RP.
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Suspended Profile
PFC (Join to see) I have to agree with SSG Matthew Howell, TDS and your local legal have more information than us on RP.
SSG (Join to see)
SFC Jordan Gaudard - not only that they will have more information it wont help to put your legal issues on the internet.
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Go see a TDS attorney. Your units legal office primarily handles the prosecution side of things but they can get you contact information for an attorney.
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