US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 33-13-251. Charges and specifications

Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the state military forces authorized to administer oaths and shall state: That the signed has personal knowledge of, or has investigated the matters set forth therein; and That they are true in fact to the […]

§ 33-13-253. Compulsory self-incrimination prohibited

No person subject to this code may compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. No person subject to this code may interrogate, or request any statement from an accused or a person suspected of any offense without first informing him of the […]

§ 33-13-255. Investigation

No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges and a recommendation […]

§ 33-13-257. Forwarding of charges

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in […]

§ 33-13-259. Advice of staff judge advocate and reference for trial

Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this code and is warranted […]

§ 33-13-261. Service of charges

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his objections, be brought to trial or be required to participate by himself or counsel in […]