Can a Military Defense Lawyer Help Before Charges Are Filed?

Yes. A military defense lawyer can provide critical assistance even before charges are officially filed. Early intervention allows your attorney to advise you during investigations, protect your Article 31 rights against self‑incrimination and guide your interactions with law enforcement and command. This proactive approach often leads to better outcomes, such as reduced charges or the avoidance of charges altogether.

During the pre‑charge phase, your lawyer can conduct their own investigation, gather exculpatory evidence and identify witnesses who may support your version of events. They can also engage with the command and investigators to correct misconceptions, negotiate solutions and potentially resolve the matter administratively. Additionally, early counsel helps prepare you for potential Article 32 hearings, ensuring you are ready to present a strong defense if formal charges are preferred.

By engaging a military defense lawyer before charges are filed, you can avoid missteps that might worsen your situation. At Gonzalez & Waddington, we emphasize early involvement to safeguard your rights and shape the narrative from the beginning.

Why Choose Michael Waddington & Alexandra Gonzalez‑Waddington

• Authored authoritative books on the Uniform Code of Military Justice and trial strategy, used to train lawyers around the world.
• Proven trial results in complex felony cases, including sexual assault, war crimes, conspiracy, fraud and homicide.
• Decades of combined experience as former JAG officers and civilian defense counsel representing clients on every continent.
• Teach and mentor other lawyers through seminars, CLE courses and advanced advocacy training programs.
• Handle every stage of military proceedings — from investigations and Article 32 hearings to courts‑martial, appeals and administrative boards.
• Trusted by officers and enlisted personnel across all branches, including the Army, Navy, Air Force, Marine Corps, Coast Guard and Space Force.

Common Issues / Case Types We Handle

• Sexual assault allegations under Article 120 and related offenses.
• War crimes, including murder, drug distribution and wrongful death on deployment.
• Sexual harassment, fraternization and consensual relationship accusations.
• Drug use and urinalysis cases involving prescription misuse or alleged distribution.
• Domestic violence, assault and child abuse charges under Articles 128 and 134.
• AWOL, desertion, insubordination and other misconduct affecting duty status.
• Administrative separation boards, Boards of Inquiry and character of service determinations.
• Non‑Judicial Punishment (Article 15) proceedings and appeals.
• Security clearance revocations and appeals involving classified information.

Pro Tips & Mistakes

• Do consult a qualified military defense attorney as soon as you learn of an investigation; early intervention preserves evidence and shapes the narrative.
• Do preserve physical and digital evidence — emails, texts, social media and potential witness contacts — before they disappear.
• Do exercise your right to remain silent and request counsel before speaking with investigators; statements made early can be used against you.
• Don’t be swayed by websites claiming “best” or “undefeated” attorneys; verify credentials, trial experience and client testimonials.
• Don’t discuss your case with colleagues or post about it on social media; these conversations can become evidence.
• Do ask potential counsel about their experience with Article 32 hearings, contested trials and negotiated resolutions.
• Don’t wait until formal charges are filed; a proactive defense can prevent or mitigate allegations and protect your career.

FAQs

Why seek counsel before charges?
Early legal advice protects your rights, helps prevent incriminating statements and can influence whether charges are brought.

Can a lawyer stop an investigation?
A lawyer cannot stop an investigation but can help shape the narrative, correct misinformation and negotiate alternative resolutions.

Will hiring a lawyer make me look guilty?
No. Seeking counsel is a smart protective measure and cannot be used against you.

What tasks can my lawyer perform pre‑charge?
They can investigate facts, collect evidence, advise on interactions with command and prepare for potential Article 32 hearings.

Why choose Gonzalez & Waddington?
We get involved early to protect your interests, preserve evidence and position you for the best possible outcome.

Contact Gonzalez & Waddington

If you or a loved one faces a military investigation, court‑martial or administrative board, contact Gonzalez & Waddington today for a confidential consultation. Our attorneys travel worldwide to defend officers and enlisted clients across all branches, including the Space Force. Call 1‑800‑921‑8607 or visit https://ucmjdefense.com to protect your future.