Whether you accept or decline Article 15 is your choice. However, there are serious considerations to think about when deciding which is the right way to go for your situation. It is essential to understand the potential benefits and risks of your decision. 

For more information and legal guidance on how to proceed in such a situation, the California military defense attorney at The Law Offices of William W. Bruzzo can not only help you but also provide legal representation. 

Explaining the Benefits and Risks Of Either Accepting or Turning Down An Article 15

Thinking about what you should do after you receive Article 15 can be an overwhelming experience. You want to make the right choice because of the repercussions you may face. 

The advantages of turning down Article 15 include:

• You go to court, but to receive a guilty verdict, the judge or judge and jury must be convinced that you are guilty of the alleged misconduct beyond a reasonable doubt. This is a high standard. Essentially, this means that there is no comprehensible way that you are innocent.
• The judge or the judge and jury should be, in theory, unbiased. So you would have a fresh set of eyes reviewing your situation and coming to what they believe is the right and fairest conclusion.

The disadvantages of turning down Article 15 include:

• It is essential to get a not-guilty verdict. If this does not happen, you will be federally convicted. A federal conviction will follow you around in life, and when you leave the military, it can impact your prospects for employment outside of the military.
• You might be immediately discharged from the military if you are deemed guilty.

On the other hand, if you accept Article 15, then you avoid a possible federal conviction, and your punishments are limited. But the downside is that your commander, who may be biased against you, will determine whether you are guilty or not. Also, some of the punishments can affect your pay, duties, and even your rank. Accepting Article 15 means that you can not have your case go to trial.

Speak to an Orange County Military Defense Attorney Today

Perhaps you should accept your Article 15, or maybe it is best that you don’t. Our Orange County military attorney at The Law Offices of William W. Bruzzo can help you determine what the best approach is.

If you decide to turn down Article 15, that is your right. Just as it is your right to have your case go to trial and be seen by a judge or a judge and jury. Here, you should have experienced and trusted legal representation by your side, helping you secure the best outcome. Please call the Bruzzo Law Firm today to learn more.

The two legal systems may seem similar on the surface, but they have several key differences that can significantly affect the outcome of a case. Every situation is unique, and it’s critical to reach out to a legal professional to better understand the key differences between military and civilian trials, including what they mean for service members facing legal proceedings.

The seasoned California criminal defense attorney at the Law Offices of William W. Bruzzo explains more on these differences below.

Jurisdiction and Authority

One of the most important differences between a military court martial and a civilian trial is the jurisdiction and authority of the court. A military court-martial is a legal forum established by the military to prosecute service members for violations of military law. These courts are authorized to hear cases involving military offenses such as desertion, insubordination, or other crimes committed by service members in the course of their duties.

Civilian trials, on the other hand, are conducted by civilian courts and are authorized to hear cases involving federal or state criminal law violations. Civilian trials may also hear cases involving offenses that occurred on military bases or involving military personnel, but only if the military has declined to exercise jurisdiction over the case.

Burden of Proof

In a military court martial, the burden of proof is “beyond a reasonable doubt.” This is the same standard used in civilian trials. This provides all the accused with the benefit of the doubt, often providing an avenue for a solid defense to ensure that the burden is fully met.

Jury Composition

The composition of juries in military and civilian trials is also different. In a military court martial, the jury, known as a panel, comprises military officers of the same rank as the accused. The panel must usually consist of at least five members, but the size can vary depending on the type of court-martial being conducted.

On the other hand, civilian trials are heard by juries composed of civilian citizens selected from a pool of eligible citizens. The jury size can vary depending on the type of trial but is usually between six and twelve members.

Appeals Process

The appeals process for military and civilian trials is also different. In a military court martial, the accused can appeal their case to the military’s highest court, known as the Court of Appeals for the Armed Forces. The court has the power to overturn decisions made by lower military courts.

Conversely, civil trials may be appealed to a higher court, such as a state appellate court or the Supreme Court. The process of appealing a civilian trial can be complex and time-consuming, and the accused may need to engage the services of an appellate attorney to successfully navigate the appeals process.

Get Legal Help

There are many more complexities to military and civilian trials that can significantly impact a case’s outcome. As an Orange County military defense attorney, I understand the challenges faced by those confronting these systems and can provide effective representation to all community members. 

Suppose you or a loved one is facing proceedings in either a military or civilian court. In that case, it is essential to seek the guidance of a knowledgeable and experienced criminal defense attorney to ensure that your rights are protected and that you receive a fair and just outcome.