I told him that I do not want to meet with him without the advice of an attorney. What kind of attorney should I be looking for to represent me?
Because the military is investigating you and they still have the authority to pull you back on active duty, you need to find an attorney who is specializes in defending military Servicemembers. Even though you are a retiree, trial defense (appointed military attorney) will not give you an attorney for representation until you are charged. A civilian attorney can start working for you now and can conduct a collateral investigation to find evidence for you. If CID is investigating you, you need to be planning that you will be brought back on active duty and that you will be charged. I would impress upon you the importance of finding someone who only practices military law. Several and in fact most practice in their local jurisdictions also, which can mean that they are not current on the ever-changing landscape. Someone who is responsive and does not practice in volume is critical to zealous and effective representation. Also someone who has been a judge advocate and has experience both in prosecution and defense is best so that they can understand how to dismantle the case the military intends to bring against you.
I will tell you that deciding not to be questioned by law enforcement was the first crucial decision you made. Most on Avvo are willing to give you a free consultation. Best of luck in your search for the best representation you can find.
If CID is investigating, then it is most likely due to something that occurred while you were on active duty so you would need a military law attorney. Most all of us offer free consultations.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
You need an attorney experienced in both criminal defense law and military courts martial. You should not speak to the agent without consulting a lawyer first. You can find a number of such attorneys on this forum. Feel free to contact me if you have questions.
***Your soliciting advice via a public forum waives any attorney-client privilege regarding this communication.
You will require a Criminal Defense attorney, who has experience in dealing with military law issues (UCMJ). You did the right thing. Do NOT speak to anyone from CID without an attorney being present. Do not give any statements (either written or verbal) to them either.
Call around for some free consultations ASAP.
As another poster noted, you need someone experience with military criminal law or commonly referred to as military justice from the Defense side of things. As Mr. Cassara pointed out, since you're retired, and CID is investigating this, it most likely involves something that allegedly happened before you retired. You didn't say how long you've been retired, but there are statutes of limitations to be aware of. The attorney should also be experienced in civilian criminal defense issues because the CID could in fact turn the case over to the civilians if they feel it's more appropriate.
Bottom line, do NOT talk to CID without talking to a lawyer in detail about this. Even if you have to pay for a longer consultation, consider the money an investment in yourself! Good luck!
This response does not signify the establishment of an attorney-client relationship.
You can be recalled to stand trial for misconduct occurring during your career. I'd recommend 1) Do NOT give any interview or statements, written or otherwise. Only thing you say is you wish to invoke your right to remain silent and talk to a lawyer 2) Do NOT consent to any searches, DNA samples, etc. 3) Talk to a lawyer immediately. The lawyer should be a ex-JAG experienced in military defense. Good luck.
*NOT LEGAL ADVICE. YOU HAVE NOT PAID ME A RETAINER. WE DO NOT HAVE AN ATTORNEY CLIENT RELATIONSHIP. This is general information for educational purposes only. You should always hire a lawyer and reveal all the unique facts to get the best answer for your unique situation. Answering this question on a public forum does not create an attorney-client relationship.
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