Article 15 Attorneys in Idaho Falls

Your Best Defense Against Non-Judicial Punishment

If you are a service member that has been accused of being involved in misconduct, a commanding officer may recommend you face non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ). While this may not be as serious as a court-martial, the decisions you make and the outcome of an NJP can impact pay, rank, and jeopardize your career. NJPs should not be taken lightly, and it helps to seek the legal counsel of an experienced military defense attorney who can help you understand your rights and provide you with the proper guidance for such a process.

At John Malek Law Group, we help servicemen and women stationed across the globe in handling non-judicial punishments. We can provide you with sound advice, ensuring you can make an educated decision on the best course of action.

Discuss your situation with an Article 15 attorney today. Dial (208) 747-0053 or complete our online formfor a free confidential consultation.

An Article 15 or non-judicial punishment (NJP), also known as Captain’s Mast, Admiral’s Mast, or Office Hours is an administrative action issued by a commanding officer toward a service member that committed a violation of the UCMJ. This provision allows commanders to address an incident and reprimand the accused member without having to escalate to the court martial level.

The Article 15 process starts with the accused military member being notified of the action. They will receive a copy of the allegations and be informed of their rights. What is most significant about an Article 15 is that you are given the option to accept the allegation of misconduct or refuse the allegation and proceed to a court martial.

It is important not to be hasty in responding to an Article 15, consult with Attorney John Malek first to get an understanding of your rights and consequences. It may be in your best interest to proceed to a court martial for resolution of your situation. On the other hand, if you don’t wish to take the risk of a court-martial, believe you are guilty, or are confident you can state your case to the commander, accepting the Article 15 may be the best course of action. Attorney John Malek can help you weigh your options and advise you on the most appropriate action to take.

Understanding the Consequences of an Article 15

Accepting the Article 15 or non-judicial punishment is not an admission of guilt. It is simply an agreement to allow your commanding officer to decide if you are guilty and how you should be reprimanded.

During the NJP hearing, you can state your case, have witnesses testify on your behalf, and present documents or written statements as evidence. Depending on the service you are in, you may have the right to have a military defense attorney present for the hearing, though in most cases they are not allowed.

Some of the Article 15 punishments you could face if found guilty include:

Forfeiture of pay
Reduction in rank or grade
Restriction to military quarters
Added days of extra duty

While there is a chance that an attorney won’t be allowed in the NJP hearing, Attorney John Malek can advise you prior to the hearing on the steps you can take to ensure the best possible outcome. Attorney John Malek may be allowed to advocate on your behalf to the commanding officer prior to any final resolution. Even after the ruling is handed down, John Malek Law Group can guide you on how to respond, whether it be accepting the punishment as is or proceeding to a higher authority.

Before you bow to pressure and accept an Article 15, consult with a skilled attorney that is an expert with the process and can outline the consequences. At John Malek Law Group, we are committed to helping service members facing non-judicial punishment understand the complicated procedure and guiding them to the best possible resolution. Attorney John Malek is a prior Active Duty JAG Officer, making him well versed in the NJP process and how to best respond to them. Through knowledge and experience, we can help you build a strategy.

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