Can The Military Force You To Get A Flu Shot – Members of the Army’s 340th Military Police Battalion conduct prisoner transport training at Camp Arifjan, Kuwait in 2018. (Army)
But whether it’s a fake vendetta against you by the brass or they’ve actually brought you to justice, you remain innocent until proven guilty in a court of law.
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Can The Military Force You To Get A Flu Shot
How you play it out — how well you know your rights and even how you behave during this difficult time — can affect the outcome of your case.
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Here’s what you should do — and not do — if you’re stuck, according to criminal defense attorneys who represent service members.
Oh! In this 2016 photo, Army Reserve Spc. Macy Gretka of the 303rd Military Police Company learns how to use gooseneck tactics to restrain a detainee at the Charles Egeler Reception and Counseling Center in Jackson, Michigan. (Army)
Attorneys Mike and Lauren Hanzel say one of the biggest mistakes accused service members make is to waive their rights before speaking with a defense attorney.
The Hanzels both served as Navy attorneys before hanging up their private practices to open the Hanzel Law Firm in South Carolina.
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“People don’t usually think this way, but if you’ve read your rights under Article 31(a) b) and you continue to talk to NCIS or whoever is interrogating you, you are making a potentially fundamental change in your decision. case without any advice from an attorney with your best interests in mind,” Mike Hanzel said.
While it’s good to cooperate, don’t give up your right to talk to an attorney when they sit you down, he added.
“Exercise those rights politely but firmly,” he said. “Contact an attorney immediately if you believe you are being charged.”
“In other words, you can call a friend,” added Zachary Spilman, a former Marine Corps attorney now in private practice in Massachusetts who also runs the military law news website CAAFLog.com.
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“The right to a lawyer includes the right to have a lawyer present for questioning, so if you want to tell your story, do it with a lawyer friend by your side (and watch your back).
Be firm but professional when you stand your ground. Deny the commander’s request, and if the command tightens the screws, the lawyer, Spilman said.
You can’t beat that, according to Michael Berens, a Seattle-based defense attorney who served eight years as a judge advocate in the Air Force.
“Many service members believe they can cooperate and talk their way out of the investigation,” Berens said.
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Authorities are not required to tell you what evidence they have against you, nor are they required to be honest with you, he said.
“You’re not on a level playing field if you’re under a board of rights and being questioned by military investigators,” he added, so ask to “see a lawyer immediately.”
“They can play a game where you sit and wait for a long time,” he said. “Difficult.” Be patient. Be quiet. Seek advice.”
Any statements you provide cannot be used on your behalf in court. Only prosecutors can use them, so turn it on until your attorney is on the scene, Spilman said.
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In this 2015 photo, a senior airman lives the dream as he handcuffs a master sergeant during a “Jail and Bail” fundraiser at Kadena Air Force Base, Japan. (Air force)
“A search consent means law enforcement can search everything,” Spilman said. “They can tear apart a house, go through email archives and electronically dump a cell phone’s memory.”
According to Spilman, get them to go get a search warrant that specifically identifies the places or items to be searched and what can and cannot be seized.
“If you want to show or give something to law enforcement, show or give them that (and only that),” Spilman said. “Don’t let them go looking for it on their own.
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This will undoubtedly be a challenging time for you, but remember to continue to conduct yourself in a manner that befits you, your family, your uniform and your country.
“Even when you’re facing charges, continue to work hard, show initiative and maintain a good attitude,” Baxley said. “Some orders make it difficult by taking you away from work or mistreating you.”
“Get over it,” he added. “It can make a big difference in your case if you continue to show that you are a reliable and dedicated service member.”
“When you’re charged with a crime, the spotlight is on you, so continue to do your job to the best of your ability while the charges are hanging over your head, and don’t do anything risky during that time,” said Mike Hanzel.
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“Polygraph results are inadmissible in court because the polygraph is not a reliable tool for determining whether someone is telling the truth,” he said. “But it’s an excellent tool for getting people to confess, and it does it all the time.”
To give you an idea of how law enforcement can play on an accused’s ignorance of the system to coerce a confession, Spilman sent this must-see clip from the classic TV show The Wire on your next deployment.
According to Eugene R. Fidell, a civilian attorney specializing in military law, whether you’re paying for a private attorney or working with a lawyer provided by the military, make sure you stay in touch with what’s going on.
“Require your attorney to keep you fully informed of the progress of the case and any significant issues,” he said. “This is true both at trial and on appeal.
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Fidell suggests making sure you and your attorney keep the “long view” of the case in mind, including possible appeals after the trial.
They are here to help you, so give them complete and accurate information. It is protected under attorney-client privilege.
“If you and your attorney have different approaches to the case that can’t be reconciled, find a different attorney,” Fidell added.
If you’re not sure about the advice you’re getting from your assigned military lawyer, ask for a new one or consult with a civilian, he said.
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“Many civilian military defense attorneys offer a free initial consultation,” Berens said. “Not all civilian military defense attorneys are created equal – be sure to do your research.
In light of the recent case involving Special Warfare Chief Edward “Eddie” Gallagher and President Donald J. Trump’s involvement in the military justice process, Baxley said such a move could be a potential salutation.
“When all else fails, post flattering praise for President Trump on every social network you can find,” Baxley said. “Even if there is overwhelming evidence of your guilt, you may deserve forgiveness.”
Avoid further problems to avoid being charged more. Avoid witnesses. It shouldn’t tell you, but it happens.
Supporting Members Of The Armed Forces
Geoff is a senior staff reporter for Military Times, focusing on the Navy. He has covered Iraq and Afghanistan extensively and was most recently a reporter for the Chicago Tribune. Any tips welcome at firstname.lastname@example.org.
Tags: Military crime military court martial ucmj uniform code of military justice zachary spilman mike hanzel lauren hanzel grover baxley michael berens eugene fidell what to do if you are accused by command military justice njp njp rights extrajudicial punishments extrajudicial punishments rights
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Putin claims West is waging “real war” with Russia at World War II parade Moscow has repeated a familiar refrain at scaled-down Victory Day celebrations that may reflect the toll of Russia’s war of aggression in Ukraine.
Army Engineer Corps studies dredging threat to sea turtles The Army Corps of Engineers avoided a lawsuit by agreeing to study whether dredging the Georgia Ship Channel would endanger sea turtles. The news that the Bundeswehr is tentatively considering the recruitment of non-German citizens of the European Union has naturally raised concerns about both the state of the German military and the skilled labor market, which seem to be difficult to fill.
As if to deflect earlier concerns, Bundeswehr Inspector General Eberhard Zorn, the source of the story, was careful to note that the reference was mainly to “doctors and IT specialists” rather than active troops.
But as Zorn — the highest-ranking soldier in the German armed forces — knows, it’s hardly a new idea. First, Defense Minister Ursula von der Leyen already introduced the idea of expanding the network for new soldiers in the “white paper” on the future of the Bundeswehr in early 2017.
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Second, the idea that soldiers must be citizens of the country they serve is not taboo. Many countries have foreign nationals in their military ranks. Here are the obvious examples.
Several smaller EU countries recruit troops from across the continent. EU citizens between the ages of 18 and 34 were allowed
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