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It is not uncommon for those in the military to know of, or be involved in, a military investigation, as a military attorney from Fort Hood knows all too well. The military has its own way of conducting investigations, prosecuting and doling out sentencing, all of which could be very different from the procedures involved in cases in civilian court. Cases the military handles include situations involving:

 

  • Criminal activities
  • Property destruction and loss
  • Safety concerns and violations
  • Deaths and injuries
  • Anything else the commander deems necessary to conduct an investigation

 

Because of how the military court system works, it is important to understand your rights if you are in the military and facing charges that will be tried in a military court. You may be appointed a military defense attorney to inform you of your rights during the case. However, you should think about consulting with a civilian military attorney in Fort Hood that has experience in military law.  If you are being investigated by the military, you have the right to challenge the findings by stating they were not consistent with the evidence presented, the evidence was not all accounted for or even that the there was bias practiced by the investigator.

 

Each area of the armed services goes through a specific service that specializes in criminal investigations.

 

  • The army and the marines use the Criminal Investigation Command (CID)
  • The air force uses the Office of Special Investigations (OSI)
  • The Navy uses the Naval Criminal Investigative Services (NCIS)
  • The Coast Guard uses the Coast Guard Investigative Services (CGIS)

 

What are the Different Types of Military Investigations?

 

There are specific circumstances where a military investigation will automatically be triggered, as a military attorney in Fort Hood can explain. These events include suicides, deaths as a result of friendly fire or hostile fire. Some types of military investigations are explained below.

 

Property Damage and Loss Investigations

 

These types of investigations are often referred to in the army as ‘Financial Liability Investigations of Property Loss’. The purpose of the investigation is to:

 

  • Property record adjustment
  • Investigate and determine liability or remove liability
  • Record the details concerning the destruction, loss, or damage to government property

The intent of these investigations is not to administer punishment, only for accountability to property, but the commander still can apply administrative consequences after reviewing the findings of the investigation.

 

Criminal Investigations

 

The Rule of Court Martial 303 requires a commander to begin an inquiry should they hear that someone in their unit is suspected or being accused of committing a criminal offense. Depending upon the charge, these investigations, while informal, can be lengthy based on the accusations. The investigators are looking for proof or evidence of the following:

 

  • Mitigating or extenuating circumstances
  • Aggravation
  • Innocence or guilt

 

Investigations Surrounding an Illness, Injury or Death

 

Military members that are injured, sick, or die while in service are subject to a Line of Duty (LOD) investigation, as a Fort Hood military defense attorney can explain. The findings of this investigation will decide whether or not the injury was obtained in the line of duty. If so, the Veteran’s Administration offers compensation or other benefits. The investigation by the LOD looks at two factors:

 

  • What was the status of the service member at the time of the incident?
  • Was the incident caused by any misconduct on the part of the service member?

 

Contact a Military Attorney from Fort Hood

 

If you’re facing a military investigation, it’s often in your best interest to contact a military attorney in Fort Hood from The Federal Practice Group today.