What You Must Know If You Are Charged with A Military Crime
Many people likely do not realize that individuals charged with military crimes have the same rights as any other citizen—the right to remain innocent until proven guilty. If you have been accused of a military crime, you not only want to retain a criminal defense attorney who has experience defending service members, but also be aware of your rights and do what is best in terms of the outcome of your case.
Never Waive Your Rights – Insist On Speaking with an Attorney
First and foremost, never waive your rights before speaking with your attorney, and keep in mind that this not only includes explicitly waiving your rights, but behavior that could imply that you have waived your rights, such as continuing to speak with whoever is questioning you after you have been read your rights. Always make sure that you are making it clear that you are exercising your rights at every moment, while doing so politely but firmly.
This also includes staying silent until your attorney shows up. Do not make the mistake of thinking that by cooperating, you can talk your way out of an investigation. Not only are authorities not required to mention any evidence that they have against you, but they can lie in an effort to extract information. Even if you end up waiting for a significant amount of time, wait it out and be patient. Talking only helps the prosecution, and any statement you make can be used against you.
Stay Involved with Your Case
Once you have retained your attorney, stay involved with your case and ensure that the two of you discuss the game plan in the long haul, such as whether there will be any post-trial appeals. You have the right to have an opinion about your case and if you feel uncertain about the advice you are receiving, to ask for a new attorney.
No Search Without a Warrant
Also never consent to a search. If you consent, they cannot only search through everything you own, but dump your cell phone’s memory as well. It is best if law enforcement first has to obtain a warrant which specifically lists what they can and cannot search and seize. If there is something specific that you want to hand over to law enforcement, you can do so with the blessing and under the watchful eye of your attorney.
Beware of Lie Detector Tests
Also be aware of what lie detector tests (also known as polygraphs) are and are not. There is a reason that the results of these tests are inadmissible in court: because they are unreliable. Polygraphs are used as a fake crutch for law enforcement to coerce confessions and obtain additional information from suspects.
Contact Our Florida Criminal Defense Attorneys to Find Out More
Know that your attitude and behavior matter and can make a big difference in your case. This goes without saying, but also make sure that you do not rack up any additional charges during that time.
If you are in the military and have any questions about defending against criminal charges, contact our Orlando criminal attorneys at the Baez Law Firm today to find out how we can help.
Resource:
militarytimes.com/news/your-navy/2019/12/16/heres-what-to-do-and-not-do-if-youre-charged-with-a-military-crime/