I’ll break it down for you in under 60 seconds and tell you the military’s dirty little secret.
Let’s go!
An Article 32 hearing, UCMJ, is a preliminary hearing to decide whether or not there is enough evidence to move forward to court-martial. At the hearing a neutral and detached officer known as the preliminary hearing officer, the PHO, not the pho. Will review evidence and hear from witnesses. There the accused has the right to legal representation, right to be present, the right to present evidence and the right to cross-examine witnesses.
After the hearing the PHO is going to decide whether or not there’s enough evidence against you and is going to write a report, a recommendation to the convening authority, on whether or not the case should go forward or if it should be dismissed.
Here’s the military’s dirty little secret: even if the PHO says, "Hey, there’s no probable cause of support this going forward to court-martial; it should be dismissed," they can and probably will still go to court martial. It’s just a rubber stamp.
You might be thinking to yourself. Well, if it’s a rubber stamp why in the hell would I choose to go forward with it? Because you actually can say you wave it.
Here’s why: if you have an attorney who knows what they’re doing, you can get some strategic gems out of Article 32 for the trial later. And I’m of the position if the United States government is trying to put you in jail trying to take your freedom and liberty away, you should probably make them jump through every single hoop they have to in order for that to happen.
You shouldn’t make it easy on them and wave the hearing. So, that’s a quick look at the Article 32 hearing. If you thought this was helpful, follow for more information on the UCMJ and military law, and in the meantime, I’ll be defending those who defend America™
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