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The military has its own rules for prosecuting crimes and other offenses, as defined in the UCMJ, or Uniform Code of Military Justice. Under certain conditions, the UCMJ allows a service member to be offered a Captain’s Mast. While you will still want to find an attorney to help you in this situation, it’s important to understand how this option will impact you.
What Is a Captain’s Mast?
Being offered a Captain’s Mast may not require an individual to mount an official criminal defense, because it’s only applied in situations in which a non-judicial punishment is carried out. This option is available only when there won’t be a more formal legal proceeding, such as a court martial. It’s more commonly known as an Article 15 in the Army, or “Office Hours” in the Air Force.
A Captain’s Mast is offered by a commanding officer who believes a service member has committed a punishable act. Even though you can still find an attorney to represent you, accepting the Captain’s Mast means you’re giving the commanding officer the right to judge you and to determine your punishment. Essentially, you’re putting your fate in the hands of someone who already believes you to be guilty. In this situation, it’s rare to prove innocence successfully.
What Can You Do if You’re Offered a Captain’s Mast?
You’re not subjected to a Captain’s Mast involuntarily. You can either accept or decline the offer, so it’s important to understand how your decision will affect you. If you accept, you should find an attorney to help you present your side of the story. This is similar to any criminal defense since you and your lawyer can present evidence and call witnesses to testify.
A Captain’s Mast isn’t a formal hearing, so the Military Rules of Evidence don’t apply in this situation. As a result, witnesses are permitted to submit written statements instead of appearing in person. Ultimately, your commanding officer will determine your guilt and an applicable punishment.
Declining the Captain’s Mast typically means your case will go through a more formal process, such as a court martial. While you may have a better chance of being found not guilty, the potential punishments are also more severe for a conviction. They may include a reduction of your rank, a reduction in pay, imprisonment, or a dishonorable discharge.
While a Captain’s Mast is only offered in cases that concern less severe violations, you should still find an attorney experienced in handling military crimes. Arnold & Stafford in Hinesville, GA, have 60 years of collective experience in legal practice and their attorneys also have military experience. This means they can help you defend against any criminal charges and obtain the best possible outcome. To schedule a case evaluation, visit them online or call (912) 369-4529.
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