A trap?

[soovenha]

A numerous allegations have surfaced... I know I didn't do it! But the accuser(s) (which I think is one, all the same) is adamant about it being investigated. The interrogators have questioned me 3 times (still my answers are unchanged) but I feel that maybe this was a trap they are setting up for me. Is there a military trap set up for this allegation? According to the accuser(s) -- on the night I had returned to the ship from an outing in town... I have touched the member. On the very night, I remember that my pillow and a towel (which I laid on top of the pillow) were missing... I ran into one of the compartment cleaner and I've asked if he'd seen it and the whereabout it if there was a lost and found. Which had me rampantly running around the berthing looking for it. So I had asked if he'd helped me looking for it. Unfortunately, I was too tired to do anything about it after our searched were unsuccessful so he went and got me a new pillow and I've returned to my rack to go to bed.

The next day I was approached by investigators for questionings... as you can see where it goes from here.

[pete07172]

Dude when it comes to investigators if you excersise your right to remain silent, they can hammer you all day long and as long as you remain silent and say nothing then there is nothing to hold against you. Second thing, excersise your right to an attorney, the second you mention you want a lawyer present then all questioning have to stop. Remember even though you are a member of the Armed forces, you techniclly have NO rights, but there are still a few things you have the right to...get a lawyer involved and have this handled the right way.

[ERAUPIKE]

Originally Posted by soovenha

A numerous allegations have surfaced... I know I didn't do it! But the accuser(s) (which I think is one, all the same) is adamant about it being investigated. The interrogators have questioned me 3 times (still my answers are unchanged) but I feel that maybe this was a trap they are setting up for me. Is there a military trap set up for this allegation? According to the accuser(s) -- on the night I had returned to the ship from an outing in town... I have touched the member. On the very night, I remember that my pillow and a towel (which I laid on top of the pillow) were missing... I ran into one of the compartment cleaner and I've asked if he'd seen it and the whereabout it if there was a lost and found. Which had me rampantly running around the berthing looking for it. So I had asked if he'd helped me looking for it. Unfortunately, I was too tired to do anything about it after our searched were unsuccessful so he went and got me a new pillow and I've returned to my rack to go to bed.

The next day I was approached by investigators for questionings... as you can see where it goes from here.

Pete is incorrect. You do not have the right to legal council when facing an NJP charge, they are non-judicial. You can seek council but there is no right to have one with you. If you are looking to have the worst possible punishment for your actions then by all means follow pete's advice. The best policy is to tell the truth and get your lumps if you did do anything. That will be much more advantageous than the other advice you received so far. Your story is pretty vague and a little hard to follow. With more information you may receive better and more precise advise.

[fozzy2]

" You do not have the right to legal council when facing an NJP charge, they are non-judicial. You can seek council but there is no right to have one with you. If you are looking to have the worst possible punishment for your actions then by all means follow pete's advice. The best policy is to tell the truth and get your lumps if you did do anything."
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I would not be so certain that the "best policy" is to "tell the truth and get your lumps". If you are facing potentially serious charges then you should seriously consider remaining absolutely silent about the issue. Indeed, if there is an investigation you should be getting your Article 31(b) warnings about your right against self-incrimination. And though you can't always be represented by an attorney during actual NJP proceedings (acting as a 'spokesperson'), you generally do have the right to confer with a lawyer prior to deciding whether or not to accept NJP or demand a court martial. At that time you can review your case with the attorney.

The most common piece of advice defense attorneys give is "Keep your mouth shut!". As Clarence Darrow once remarked, "I've been in a lot of prisons, but I have yet to meet a mute there."

[j991]

You need to read the UCMJ, it will explain what rights that you are affording according to the level of court you face. If you are facing an NJP hearing, then you do have the right to have someone with you, it need not be an attorney, when speaking with the Commanding Officer as a spokesperson. You also do not have to accept an NJP unless aboard ship away from port. If you don't want whatever punishment is offered during the NJP then deny it and request a court martial.

[CGRAY]

Originally Posted by j991

If you don't want whatever punishment is offered during the NJP then deny it and request a court martial.

Its been a little while, but I'm pretty sure this is false. Once a finding has been made at the NJP, your only recourse is an appeal to the next level commander. You are not entitled the right to a cm once a determination has been made as to your guilt or innocence. I do believe that during the NJP, you can request a cm, but must be done BEFORE decision has been made.

I also beleive you do not have any entitlement to a attorney or "spokesperson" during NJP proceedings. You can request for it and either be approved or denied, but do not have the right.

You should be able to speak with legal dept before NJP proceedings begin.

Best advice, if you are guilty and they can prove it, take your lumps at NJP. If you are innocent or they cannot prove your guilt, take it to cm. If the charge is somewhat petty, command will probably not pursue unless they have a reason to wanting to see you burn.

BTW OP, it may just be me, but I have no clue as to what the hell you are talking about in your post. What is it you allegedly did?

[ERAUPIKE]

Originally Posted by CGRAY

Its been a little while, but I'm pretty sure this is false. Once a finding has been made at the NJP, your only recourse is an appeal to the next level commander. You are not entitled the right to a cm once a determination has been made as to your guilt or innocence. I do believe that during the NJP, you can request a cm, but must be done BEFORE decision has been made.

I also beleive you do not have any entitlement to a attorney or "spokesperson" during NJP proceedings. You can request for it and either be approved or denied, but do not have the right.

You should be able to speak with legal dept before NJP proceedings begin.

Best advice, if you are guilty and they can prove it, take your lumps at NJP. If you are innocent or they cannot prove your guilt, take it to cm. If the charge is somewhat petty, command will probably not pursue unless they have a reason to wanting to see you burn.

BTW OP, it may just be me, but I have no clue as to what the hell you are talking about in your post. What is it you allegedly did?

Well written and on the nose CGRAY. I concur.