Captain Rafiel D Warfield USMC Defense Counsel Legal

Captain Rafiel D. Warfield, USMC Defense Counsel, Legal Team ECHO Military Justice 101

ADMINISTRATIVE �Pg 11 Counseling � 6105 Counseling with TEETH �CRB (competency review board) Maybe you’re not ready yet �NJP Commander’s tool to maintain good order and discipline �Administrative Separations You’re FIRED

Administrative; NJP �YOUR CHOICE �It’s a process �Three Options Accept and Plead “G” Accept and Plead “NG” Reject

Administrative Separation �NOT A CRIMINAL PROCEEDING �Three questions to be asked Does a basis exist to separate the Marine If yes, should the Marine be separated If yes, how should we characterize his service ▪ Honorable ▪ General ▪ Other than Honorable

OTH v BCD OTH � No educational benefits � No medical benefits � No criminal conviction BCD � No educational benefits � No medical benefits � Criminal conviction

CRIMINAL Courts Martial

Summary Courts Martial �NJP with TEETH � 1 Officer is adjudicator �Punishment 30 days confinement Reduction 1 rank (for E 5 below) Forfeitures 99% of the time – This will not turn into a conviction

Special Courts Martial �Federal Criminal Conviction �REAL DEAL �Punishments 12 months confinement 12 months forfeitures Reduction to E-1 Bad Conduct Discharge

General Courts Martial �Federal Criminal Conviction �For real, for real REAL DEAL �Article 32 hearing (grand jury) �Punishments Depends on the crime

Pre-Trial Agreements �NEGOTIATIONS Pleas Maximum punishments �PROVIDENCY �APPELLATE REVIEW/LEAVE

Article 31 (b) Rights � KNOW THEM I have the right to remain silent. I do not have to answer questions or make any statement. Before I decide whether I want to answer questions or make a statement, I may consult with a lawyer. If I decide to consult with a lawyer, the interviewer will stop the questioning. I may consult with a military lawyer provided without cost to me. If I decide to answer questions or make a statement, anything I say may be used as evidence against me in any court-martial, non-judicial proceeding, administrative proceeding, or civilian court. Even if I decide to answer questions or make a statement, I may at any time stop answering questions, refuse to make any further statements, or request to consult with a lawyer. � You will not be punished if you exercise your rights.

If you’re given the right to remain silent… exercise the right! Questions?