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15-6 investigation punishment

Alabaster, AL |

I'm an E4, currently deployed. There is a 15-6 investigation and I have been told I might get in trouble for perjery. As far as I know i've done nothing wrong, but what is the maximum punishment for perjery if it somehow sticks?

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Filed under: Military law
Attorney answers 5

Posted

Article 107 of the UCMJ lists the maximum punishment as five years confinement and a dishonorable discharge. But nobody gets the maximum punishment for one count of lying, and you might never even see a court-martial. The important thing now is to keep your mouth shut. If the investigators or your command tries to question you, say "I don't want to say anything. I want a lawyer." Then go see the TDS attorneys on post. If you want to send me an e-mail you can provide more details than you can on an open forum like this and I will be happy to offer you some more info and insights. There is no charge for the initial consultation.

Asker

Posted

Thank you so much for taking time to answer this. I will keep your contact information should I need it once I find out what's going to happen next.

Posted

If they think you lied during a 15-6, the "offense" would be making a false official statement in violation of Article 107 UCMJ.
The max punishment for 107 is 5 years confinement, a dishonorable discharge, total forfeitures of pay, and reduction to E-1.
Perjury is if you were alleged to have lied under oath at a court-martial trial. So that's not applicable.
You MUST at this point remain silent. Exercise your RIGHT to remain silent and have a lawyer.
Do not talk to anyone, especially leaders in your unit about this because they might be witnesses against you.
Keep in mind that threats or inducements to get you to waive your rights are illegal. BUT it's harder to fight if you have made statements.
You are better off getting legal help now than waiting until it's too late.

www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Asker

Posted

Thank you so much for taking time to answer this. I will keep your contact information should I need it once I find out what's going to happen next.

Posted

I agree with the others. Perjury (rarely charged) and False Statement both carry 5 year maximums, but in the military there is no guidelines. Therefore, you can get from no punishment to the maximum allowable under the law...or anywhere along the spectrum. Don't make any other statements and ask to talk to a TDS attorney.

Asker

Posted

Thank you so much for taking time to answer this. I will keep your contact information should I need it once I find out what's going to happen next.

Posted

My colleagues are absolutely correct on max punishment for false official statements or perjury charges; but I did want to add that it is my experience with command investigators or law enforcement that they lie themselves during the interrogation or interview. They lie because they can, but you can't, so the best thing you can do as the accused is to invoke your Article 31b Rights, which is to remain silent and request to speak with an attorney. The command can, and usually does, charge for false official statement of the accused merely because the accused states and restates his innocence. Do not fall prey to bullying by the command investigator or your SNCO's...maintain your silence. Do not fall prey to their tricks...command will not take it any easier on you because you talk to them about the allegations. No matter what they say...maintain your silence. Please read my Avvo profile, and when you are ready to talk with an attorney then give us a call. All of the attorneys who have answered your post provide free consultation...so take advantage of the offer and call. v/r Gerry

Posted

I agree with the advice of my colleagues, especially Mr. Healy.

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