The term "Article 15" refers to a military mandate known as a "non-judicial Punishment." Article 15 allows a commanding officer to punish an active-duty military member for a minor offense. The process is similar to a court-martial, however it is used as an alternative for offenses considered to be mild misconduct issues, rather than the more serious crimes that typically command the court martial process.
What to expect when issued an Article 15
Being subject to an Article 15 is not unlike a typical civilian arrest in some ways. Once a commander issues you an Article 15 he or she will formally notify you that you are being given one, and will provide you with the details of your misconduct. You will be presented with any evidence against you, followed by a notification of your rights under the UCMJ. Should you refuse the Article 15, you will be issued a court martial and given the opportunity to present your side of the story along with any evidence or witness testimony in your favor. (Refusing an Article 15 is not the same as pleading not-guilty.)
Factors to consider
In some cases, an accused member of the armed forces may be able to present clear undisputable evidence that they are not guilty of an offense; in which case a court-martial may not pose a great deal of risk while simultaneously dismissing all allegations. If the evidence presented is insufficient to prove innocence however, an individual may face much more severe penalties when found guilty.
In accepting an Article 15 you are agreeing to let your commander decide whether or not you are guilty and what (if any) punishment you should receive. Pleading not guilty will not result in a court-martial, but will instead open the opportunity to present your case to the commander. Accepting an Article 15 means that the consequences of the charge are much less serious than those of a court-martial.
If you are facing an Article 15
If you are facing an article 15 from your commander, understand that you have choices. The outcome of an Article 15 will be on your military record permanently regardless of whether you accept or choose a court-martial. An experienced Military criminal defense attorney can help you consider your options and assist you in making the best decision. If you are currently facing an Article 15 contact RI Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for more information.
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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.
Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.
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