Common Myths & Mistakes About Military Justice

Misconceptions about the UCMJ can lead to grave errors. Understanding these common myths is crucial for effective defense.

• Myth 1: “My commander will take care of me.”
  • Reality: While your commander cares about your well-being, their primary duty is to maintain good order and discipline. They are not your legal counsel and are obligated to uphold military standards, which may conflict with your individual best interests.
• Myth 2: “NJP (Article 15) is always better than a court-martial.”
  • Reality: NJP avoids a federal criminal conviction, but it uses a lower burden of proof, lacks many due process rights (like cross-examination), and can still severely damage your career (evaluations, promotion, re-enlistment, administrative separation). Sometimes, refusing NJP and demanding a court-martial offers a better chance at full exoneration or a more favorable outcome with full due process rights.
• Myth 3: “A positive drug test means I’m automatically guilty.”
  • Reality: A positive urinalysis creates a strong inference of wrongful use, but it is not an automatic conviction. Defenses such as innocent ingestion, chain of custody violations, or lab errors can be highly effective.
• Myth 4: “Military lawyers are free, so they’re the best option.”
  • Reality: Military defense counsel are dedicated professionals, but they often have high caseloads and may lack the specialized, independent expertise of civilian military defense attorneys who are not beholden to the military chain of command and can focus solely on your case.
• Myth 5: “I should talk to investigators to clear my name.”
  • Reality: This is one of the most dangerous mistakes. Invoking your Article 31b rights immediately and remaining silent until you’ve consulted a lawyer is paramount. Investigators are not there to help you; they are gathering