What To Do When You Are Facing An Article 32 Hearing

Are you in the military and facing a court marital? Then you are probably wondering what the significance of the number 32 is? No, it’s not your favorite running back. It represents a type of hearing to determine whether there is enough evidence to support the prosecution’s claim. This type of hearing is referred to as Article 32. And if you are facing it, you need a top court martial lawyer.

But what is an Article 32 hearing exactly? It is a pre-trial hearing that occurs before the court-martial. The term Article 32 comes from Article 32 of the UCMJ, or Unites States Uniform Code of Military Justice. During such a case, an investigation is made into the validity of a prosecutor’s claim. You will either have your alleged offense recommended for a court martial or have it dismissed.

If you are accused of a serious crime, an investigation is usually started and the hearing is scheduled. Next, the hearing is attended by the prosecution and the accused. Hopefully, the accused brings a strong military defense attorney with them.

Then, when the hearing concludes, the investigating officer will review the evidence and testimonies and decide whether a court martial is necessary.

How To Prepare

It’s of critical importance that you first seek a credible military lawyer. You could try to represent yourself, but this could prove to be a very serious mistake.

It’s also important that you know your rights. The accused has the right to:

  • waive the hearing
  • be present
  • be represented by military defense attorneys
  • to call witnesses
  • testify (if they want)
  • a copy of the report and evidence

If you are facing an Article 32, we hope that this brief outline of how it works and how you can prepare has helped.