The process of being arrested in the United States Military differs from the arresting process you would face if being arrested outside of the United States Military.
Going over this process, and speaking with a lawyer who can help you, will allow you to retain your rank, benefits, and status in the United States Military.
What Does It Mean To Be Arrested In The United States Military?
Rather than using the term “arrested” to denote the act of taking someone into custody, due to a criminal accusation, the United States Military uses the term “apprehension.”
Apprehension is an act that is nearly identical to a civilian arrest. And, with that fact in mind, apprehension is almost always conducted by Military law enforcement officials who have the grounds to apprehend a particular individual.
The basis, in question, is a probable cause to apprehend.
Probable cause is when there are reasonable grounds to believe that an offense is being committed, or it already has been committed, and the person who is being apprehended or has been apprehended committed it.
Just as an example, one can imagine two Military law enforcement officials seeing a soldier assaulting another soldier. This act of assault is a crime. And, since these two officials are witnessing this crime as it is being committed, they both have probable cause for that soldier’s apprehension.
The same line of thought clarified above applies to any other act of apprehension that occurs within the United States Military.
If You Have Been Apprehended, Are You Automatically Charged With A Crime?
The answer to this question is “No.”
Even though the above is true, if you have been apprehended, it is likely that you are set to be charged with a crime that can, and will, affect your future in the United States Military.
Right before this can occur, though, you may be placed into pretrial confinement.
You can contest being put into pretrial confinement, with the assistance of pretrial confinement.
If you are placed into pretrial confinement, then it is likely that you will remain there until you receive – or, for that matter, if you receive – preferall of court-martial charges.
Outside of the above, other forms of confinement – restrictions on your moment, for example – can be implemented.
How Are You Charged With A Crime In The United States Military?
You are charged with a crime, in the United States Military, when charges are “preferred.”
Just as an example, if you assault another soldier, and you are apprehended for this crime, then you will receive a form.
The form, in question, is a “DD 458.”
You can look at this form and see the Articles of the Uniform Code of Military Justice that have, allegedly, been violated.
Right below that, you can see information regarding the fact that charges are preferred, such as your accuser.
Even though charges are preferred, this does not mean that you will be convicted
You can, and should, always work with a lawyer to protect your innocence.
Max Akin Writing 