3 Reasons Why You Should Immediately Call a Military Criminal Defense Attorney If You Are Accused of Sexual Assault

Military Criminal Defense

The United States Military pours limitless resources into allegations of sexual assault1. Whether or not these allegations are true, these kinds of cases tend to make the news and can cause a significant public relations issue for the Armed Forces. For this reason, these kinds of cases are often aggressively investigated and prosecuted, sometimes resulting in devastating consequences for innocent servicemen and women. For this reason, it is extremely important for anyone in the military accused of sexual assault to call an attorney immediately. Some of the ways a military defense lawyer can help you are detailed below.

Attorney Keith Scherer

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Reason #1.  An attorney will ensure that you do not or say anything to incriminate yourself

When you are accused of sexual assault, you can be interrogated by law enforcement in a high-pressure environment and asked questions that are designed to get you to incriminate yourself. It’s important to hire an attorney before talking to law enforcement. An attorney will make sure that your rights are protected and that you do not do or say anything that can be later used to suggest that you confessed. Similarly, an experienced civilian military lawyer can help you avoid making harmful statements in texts, on the phone, or in person when communicating with friends and coworkers who are secretly working with law enforcement. This can be extremely important whether or not you have already talked to investigators.

Reason #2.  A lawyer might be able to suppress evidence

When a person is accused of sexual assault, the authorities investigating the alleged crime will want to search your home or go through your cell phone or computer in order to find evidence against you. These kinds of searches are subject to the limitations imposed by the military rules and the United States Constitution,2 and any violation of these limitations may result in the evidence against you being excluded from a court-martial. Your attorney will carefully review how the investigation was conducted and identify any legal violations.

Reason #3.  You will need representation in the event that your case goes to trial

These days, most cases involving an alleged sexual assault are tried before a court-martial. To adequately prepare yourself for whatever comes, including a court-martial, it is critical to have an attorney representing you who has many years of experience winning these cases in military court, and who has gotten many cases dropped before they ever got to court. In addition, the body of law that governs military trials is different than the law applicable to civilian trials, so it is important to retain an attorney familiar with military criminal defense.

Call a civilian military criminal defense lawyer today to retain legal counsel

Allegations of sexual assault among military members are taken very seriously and have the potential to result in extremely serious consequences, including imprisonment, dishonorable discharge, and more. The lawyers of Gagne, Scherer & Associates, LLC are former military lawyers who have devoted their careers as civilians to helping protect the legal rights and reputations of military members that have been accused of crimes. To schedule a free consultation with one of our lawyers, call our office today at 877-867-5247 or send us an email through our online contact form.


1 http://www.justice.gov/ovw/sexual-assault
2 http://www.archives.gov/exhibits/charters/constitution_transcript.html