Category Archives: Military Criminal Procedure
Military Criminal Investigations: Law Enforcement’s Role
The pre-preferral period of a military prosecution is the investigative period, where law enforcement determines whether or not sufficient evidence exists to file criminal charges. Most of the crucial information to be used at trial is usually uncovered during this initial investigation. This post looks at how law enforcement gathers evidence in response to… Read More »
Military Pretrial Restraint
You’re a U.S. military service member, you’ve been accused of a crime, and your personnel file has been flagged. You also may have been briefly taken into custody and released. What’s next? The military’s Rules for Courts-Martial (RCM) give commanding officers several options to exercise at their discretion at this point. It’s possible that… Read More »
You’ve Been Accused of a Military Crime. Now What?
A lot happens in the span of time between being accused of a crime and being charged with a crime. This pre-preferral period, as it’s called, is where the military law enforcement agency (CID, NCIS, or OSI) investigates the accuser’s claims, and your chain of command gets its ducks in a row to begin… Read More »
