Supporting a Child Accused of a Military Crime: Parent’s Guide

Facing accusations of a military crime can be an overwhelming experience for any service member. As a parent, seeing your child go through this can be even more daunting. You want to help, but knowing how to navigate the complexities of military law and provide the best support to your son or daughter can be challenging. This guide will walk you through the process of a military investigation and court-martial, and provide best practices to support your child during this difficult time.

Child Accused of Military Crime

Understanding the Military Investigation and Court-Martial Process

Before diving into how you can support your child, it’s crucial to understand the process they are facing. The military justice system differs significantly from civilian criminal justice, with its own set of procedures and terminologies.

The Military Investigation

When a military member is accused of a crime, an investigation is typically the first step. This can be conducted by various agencies such as the Military Police, the Army Criminal Investigation Division (CID), the Navy Criminal Investigative Service (NCIS), or the Air Force Office of Special Investigations (AFOSI).

  1. Initiation of the Investigation: The investigation begins with the allegation, which can come from a variety of sources including fellow service members, commanding officers, or external complaints.
  2. Gathering Evidence: Investigators collect evidence which may include witness statements, physical evidence, and digital evidence. This phase is critical as it builds the foundation of the case for investigators and prosecutors.
  3. Interviews and Interrogations: Your child may be interviewed or interrogated by law enforcement. It is vital for them to understand their rights during this process, including the right to remain silent and the right to legal counsel before answering any question. As a parent, you may also be interviewed, and the same rights apply to you.
  4. Conclusion of the Investigation: Once the investigation concludes, the gathered evidence is reviewed to determine whether there is sufficient ground to proceed with charges.
  5. Disciplinary Action: When the investigation ends, your child’s military commander will likely decide what disciplinary action to take. This could include no action or may involve events like an Article 15 nonjudicial punishment, Letter of Reprimand, or even a court-martial.

The Court-Martial Process

If the investigation leads to formal criminal charges, the next step is a court-martial. This is the military’s version of a trial and can be of three types: summary court-martial, special court-martial, or general court-martial, each varying in severity and potential punishment.

  1. Preferral of Charges: Charges are formally laid out against the service member. This is akin to an indictment in civilian courts but is called “preferral” for the armed forces.
  2. Article 32 Hearing: For serious offenses, there is an Article 32 hearing, which serves as a preliminary hearing to assess the validity of the charges and the evidence.
  3. Referral to Court-Martial: Based on the Article 32 hearing, criminal offenses can be referred to a court-martial. This is decided by the Convening Authority, usually a high-ranking officer.
  4. Court-Martial Trial: The trial process in a court-martial differs slightly from a civilian criminal trial, but it basically includes the selection of a military judge and jury, presentation of evidence, witness testimonies, and finally, a verdict. A military prosecutor will lead the case for the government, and your child can have an attorney of his or her own choosing.
  5. Sentencing: If found guilty, sentencing follows. The severity of the sentence depends on the nature of the crime and the type of court-martial. Possible sentences include reduction in rank, forfeiture of pay, confinement, and even a bad conduct discharge or dishonorable discharge from the service.

Understanding these steps is fundamental to providing informed and effective support to your child.

Best Practices for Supporting Your Child

Your support can make a significant difference in your child’s ability to navigate this challenging time. Here are five best practices to help you provide the best possible support:

1. Stay Informed and Educated

Knowledge is power. Familiarize yourself with the military justice system, the specifics of the charges your child is facing, and the potential consequences.

  • Research Military Law: Utilize resources like the Uniform Code of Military Justice (UCMJ) and relevant military legal guides, along with this blog.
  • Attend Briefings and Meetings: If possible, attend any briefings or meetings your child has with their attorney to stay updated on the case.

2. Emotional Support

Facing criminal charges can be incredibly stressful for your child. Your emotional support is invaluable.

  • Be There to Listen: Sometimes, the best support is simply being there to listen without judgment.
  • Encourage Healthy Coping Mechanisms: Encourage your child to engage in activities that reduce stress, such as exercise, meditation, or hobbies.

3. Assist in Finding the Right Attorney

An experienced military defense attorney can significantly impact the outcome of your child’s case. Knowing what to look for in a defense lawyer is crucial.

  • Experience in Military Law: Ensure the attorney has extensive experience in military law and courts-martial. Experience is critical when your child is facing serious criminal charges, from drug use to domestic violence to sexual assault.
  • Savvy and Tactical: Look for a defense counsel who is not only knowledgeable but also strategic in their approach. There are many law firms out there, but you want the one with the best sense of how to win.
  • Good Demeanor: Your child will work closely with their attorney, so it’s important they feel comfortable and supported by the attorney-client relationship. A good military lawyer will also have the demeanor necessary to convince a jury of your son or daughter’s innocence.

4. Maintain Open Communication

Clear and open communication with your child and their legal team is essential.

  • Regular Check-Ins: Have regular check-ins with your child to offer support and stay informed.
  • Coordinate with Legal Team: Stay in touch with the attorney to understand the case’s progress and any actions needed.

5. Manage Logistics and Practicalities

The stress of a court-martial can be compounded by everyday logistical concerns.

  • Organize Documentation: Help your child organize and keep track of all relevant documents and evidence.
  • Financial Support: Be prepared to offer financial support if needed, such as covering legal fees or other related expenses.

Accused Arrested

The Emotional Journey

Supporting your child through a military crime accusation isn’t just about legal and logistical support. It’s also about navigating the emotional journey together.

Managing Your Own Emotions

As a parent, it’s natural to feel a range of emotions, from anger to fear to confusion. It’s important to manage these emotions so you can provide the best support to your child.

  • Seek Support: Don’t hesitate to seek support for yourself, whether through therapy, support groups, or trusted friends and family.
  • Practice Self-Care: Ensure you’re taking care of your own physical and mental health so you can be strong for your child.

Helping Your Child Cope

Your child will need to cope with not only the legal battle but also the emotional toll it takes.

  • Encourage Professional Help: Encourage them to seek counseling or therapy if needed. Professional help is offered to military personnel free of charge.
  • Stay Positive: Help them stay positive and focused on the future, regardless of the outcome.

Building a Support Network

A strong support network can provide both practical help and emotional encouragement.

  • Family and Friends: Engage other family members and close friends who can offer support.
  • Military Resources: Utilize any available military resources such as support groups or counseling services provided by the military.

Navigating a Difficult Time

Facing a military crime accusation is one of the most challenging experiences a service member and their family can go through. As a parent, your support is crucial in helping your child navigate this difficult journey. From understanding the military justice process to finding the right attorney and providing emotional support, your role cannot be overstated.

If your child is facing a military crime accusation, don’t hesitate to seek professional legal assistance. At The Military Defense Firm, we specialize in defending service members against courts-martial and other military legal issues. Our experienced attorneys are here to provide the support and defense your child needs.

Speak with an Experienced Attorney

Schedule a free consultation today to discuss your child’s case and learn how we can help. Your child’s future is too important to leave to chance—get the expert legal defense they deserve.

By following these guidelines and staying informed, you can be a pillar of support for your child during this challenging time. Remember, although the road ahead may be tough, you are not alone. With the right support and resources, your child can navigate through this and come out stronger on the other side.

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