Should I request Trial by Court Martial?

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Hi. I am a SGT in the U.S. Army. About a month ago, during Physical Training A Corporal was put in charge of giving PT. We conducted Muscle Failure and Endurance till about 0702. He asked the acting platoon sergeant for permission to release the platoon, which was like a total of 14 of us. The platoon sergeant said yes to release us. When the corporal, another sergeant and I was walking to the car the commander seen us but did not say nothing. That same day us three was counseled by the commander and recommended us to a Field Grade Article 15. We are having our reading this coming Monday, and I wanted to know if I should proceed with a Court Martial. Some things don't at up here. He first counseled us for disobeying a direct order from the Fort Hood Commander, saying that its in the policy

Attorney Answers

3
Philip Cave ·
1. You will be given the opportunity to consult with a TDS attorney once you get your first reading. 2. You will be able to ask him/her these specific questions, as well as discuss other specifics about the situation which would be helpful in giving advice.
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Stephen P. KellyCriminal Defense AttorneyWorcester, MA ·
No one on this forum can recommend whether you should accept Article 15 disposition or request trial by court-martial. That requires a thorough analysis of the evidence to include reviewing witness statements, the specific policies or orders at issue, other investigative work, and an assessment of the risks and benefits of proceeding with either disposition in your specific case. You will have an opportunity to consult with legal counsel, either a TDS JAG or you can hire your own private attorney, before you are required to make your Article 15 elections. You should work closely with him or her and make sure you understand the long term consequences and risks and benefits of any decision that you make.
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Charles Schierer ·
Confer with your JAG or hire a civilian lawyer to review the evidence. If you decide to request courts-martial, it will be up to your command to decide if they will actually prefer charges and assemble a courts-martial. You should strongly consider hiring a civilian lawyer to help you. You can call our office for more information. We offer a free consultation. www.saveyourmilitarycareer.com Charles Schierer 1-312-888-5832
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