Leaders Guide - Legal Problems - General Information

Legal problems may be civil or criminal in nature. Civil legal problems take many forms (from being served with notice of a lawsuit, to a letter from home) and can involve a wide range of issues, such as lawsuits, divorce and separation, debt collection, taxes, citizenship issues, landlord-tenant problems, estate planning, and literally hundreds of other issues. A common element is that such problems can have a devastating effect on a Marine's state of mind and readiness if these problems are not adequately addressed. Marine Corps judge advocates are trained to help your Marines solve these problems, and are familiar with military-specific laws that are designed to address many problems unique to the military community.

Facing criminal charges can be a significant stressor for Marines. Not all individuals handle this type of stress the same way. Commanders need to be aware that any decision regarding initiation of a criminal investigation or disciplinary action for alleged misconduct will cause significant stress for the Marine in trouble. The weight of criminal charges hanging over a Marine's head can have a devastating effect on that Marine's state of mind, readiness, and ability to perform.

Marital Separation:: The physical separation of the Marine from the members of the immediate family (spouse, children). Martial separation may include, but does not require a court order or formal agreement between the parties.
Identity Theft:: Cases in which a criminal holding himself out as another person, makes fraudulent transactions using that person's identity.
Phishing:: Fraudulent requests (usually by email) for personal information (ssn, dob, account numbers) from criminal individuals posing as legitimate business or persons.
Investigate:: The act of inquiring into the facts and circumstances of alleged criminal conduct. An investigation may be formal or informal and may entail analysis of the crime scene, interview of potential witnesses and interrogation of suspects. Common military investigations include, Preliminary Inquiry, Command Investigation, Criminal Investigative Division (CID) investigation, Naval Criminal Investigative Service (NCIS) investigation.
Arrest:: The act of taking a person into custody. Military equivalent, "apprehend."
Charge:: The act of making an official and specific accusation. Military equivalent, "preferral of charges."
Indict:: A term used in civilian state and Federal courts. The act of determining that probable cause exists in any given charge. An impartial fact finding body makes the probable cause determination. Military equivalent, "Article 32 Investigation."
Convict:: The act of finding a person guilty of a charged offense at trial.
Confine:: The act of imposing physical restraint upon a person. Confinement may be pretrial and/or post trial.

Although factors such as financial problems, alcohol abuse, and lack of life experience can invite legal problems, even the most experienced officer or enlisted Marine is likely to face the business end of a legal problem during his or her career. In many cases, the difference between relative success and failure in a matter rests in how well and quickly the individual reacts to the problem.

A majority of the crimes that Marines commit involve the use or abuse of alcohol. Alcohol clouds one's judgment. Additionally, financial problems and relationship problems can also lead Marines to commit criminal acts.

Most civil legal problems can be prevented through education and repetition. Marines need to be educated about their rights and the resources available to them. Legal assistance attorneys are available to teach your Marines in these areas.

Marines need to be informed that defense counsel, medical staff, and chaplains are outlets for help and are provided for the specific purpose of helping in these situations. These personnel are obligated to pursue the interests of their client and are insulated from command influence. Specifically, Marines need to be informed that communications with a defense counsel or chaplain are privileged and those communications cannot be disclosed. Marines need to be educated about their rights and the resources available to them.

Alcohol Abuse:

The use of alcohol to an extent that it has an adverse effect on performance, conduct, discipline, or mission effectiveness and the users health, behavior, family, community, and DON; or leads to unacceptable behavior as evidenced by one or more acts of alcohol-related misconduct.

Article 31(b), UCMJ / Miranda Rights:

Warnings provided to a servicemember suspected of having committed a crime prior to questioning about that crime. These warnings include: 1) the nature of the offense(s) individual is suspected of; 2) the right to remain silent; 3) that any statement made may be used against him/her in a trial by court-martial; 4) the right to consult with an attorney before questioning. This lawyer may be a civilian attorney at the individuals expense or a military attorney provided free of charge; and 5) the right to have such attorney present during questioning.

Behavioral Health Professional/Chaplain:

Marines facing criminal charges should be afforded access to a behavioral health professional or a chaplain for support, especially during the vulnerable time when they have been initially notified of the investigation, interviewed and released. The chaplain can provide spiritual support for those facing the challenges of criminal investigations.

Criminal Investigative Division (CID) Investigators:

The Military Police Criminal Investigations Division (CID) conducts the minor felony criminal investigations within the jurisdiction of the Provost Marshals Office (PMO) and prepares Reports of Investigation for tenant Commanders documenting the results of these investigations. CID maintains liaison with other military and civilian law enforcement agencies concerning matters of military interest. In accordance with SECNAVINST 5520.3, the CID refers all major felony investigations to the Naval Criminal Investigative Service (NCIS); however, if Naval Criminal Investigative Service (NCIS) declines investigative jurisdiction CID Office will conduct the investigation.

Defense Counsel:

Defense Counsel represents Marines facing both adverse administrative and military justice actions. Marines have a legal right to confer with a Defense Counsel prior to questioning by legal authorities and during certain disciplinary actions. Defense counsel exclusively represents the legal interest of the client at all times.

Disposition Options:

Outcomes can be in a variety of forms to include: courts-martial, non-judicial punishment, administrative separation, an official counseling, and other forms of administrative measures.

Federal Trade Commission (FTC):

To ensure the smooth operation of our free market system, the FTC enforces federal consumer protection laws that prevent fraud, deception and unfair business practices. The Commission also enforces federal antitrust laws that prohibit anticompetitive mergers and other business practices that restrict competition and harm consumers. Whether combating telemarketing fraud, Internet scams or price-fixing schemes, the FTCs primary mission is to protect consumers.

Fraud Alert:

An alert put on your credit report that you may be or have become a victim of identity theft. This is appropriate if you have had your wallet stolen or if you’ve been taken in by a phishing scam. An initial fraud alert entitles you to a free credit report from each of the three nationwide consumer reporting companies. For more information please visit: http://www.consumer.gov/idtheft/con_steps.htm#fraud

Helping Agencies:

The following agencies offer the services listed.

Marine and Family Services – Personal counseling, stress management, family/relationship counseling
Chaplains – Spiritual guidance, personal counseling, life issues counseling
Military OneSource – Anonymous personal, financial, and other advice, brief face-to-face counseling
Navy/Marine Corps Relief Society – Financial counseling and monetary assistance
Legal Services – Legal assistance and advice
Medical – Mental Health evaluation and treatment, health promotion strategies

Legal Assistance Attorney:

A legal assistance attorney is a judge advocate or civilian attorney authorized by the judge advocate general or by his designated representatives to perform legal assistance functions. He or she represents the interests of the individual client concerning personal legal matters. For more information see chapter 7 or the JAGMAN.

Legal Assistance Office:

An office run by the installation Staff Judge Advocate to provide comprehensive legal support to our global military community in the areas of estate planning, family law, state and federal taxation, immigration and naturalization, consumer law, military rights and entitlements, and others. The focus of the legal assistance office is to assist those eligible for legal assistance with their personal legal affairs in a timely professional manner by providing clients legal counsel, support, and representation to the maximum extent possible. For more information please see: http://sja.hqmc.usmc.mil/jal/default.htm

Military Protective Order (MPO):

A non-punitive order imposing conditions upon a service member to maintain the safety and protection of another person. An MPO does not preclude disciplinary action under the Uniform Code of Military Justice nor does it preclude the issuance of a civilian protection order.
https://www.manpower.usmc.mil/portal/page/portal/M_RA_HOME/MF/G_Behavioral%20Health/A_Family%20Advocacy

Naval Criminal Investigative Service (NCIS):

In a dangerous and complex world, threats against America and its military forces continue to proliferate and evolve. Standing between these threats and the people, families, and assets of the Navy and Marine Corps is a unique, highly-trained, and effective team of special agents, investigators, forensic experts, security specialists, analysts, and support personnel: NCIS, the Naval Criminal Investigative Service. NCIS is the primary law enforcement and counterintelligence arm of the United States Department of the Navy. It works closely with other local, state, federal, and foreign agencies to counter and investigate the most serious crimes: terrorism, espionage, computer intrusion, homicide, rape, child abuse, arson, procurement fraud, and more. NCIS is the Navy's primary source of security for the men, women, ships, planes, and resources of America's seagoing expeditionary forces worldwide

No Contact Order:

It is Department of Defense Policy that every appropriate effort be made to protect victims of abuse from further harm. Commanders have the authority to make military protective orders to safeguard victims, quell disturbances and maintain good order and discipline while victims are pursuing protection order from civilian courts or to support existing civilian protective orders.

Military protective orders (MPO), often referred to as a "no contact" order bars active duty military members from having contact with specified persons against whom they are alleged or confirmed to have committed an act of domestic violence or child abuse. For example, a commander may order a military member to:

Avoid contact and communication to the protected person directly, indirectly, or through a third person. This includes face to face, telephone, e-mail, letter, or fax contact.
Stay away (specified distance) from the protected person's family, home, workplace or other locations.
Vacate military housing and/or be provided temporary military quarters.
Attend counseling.
Surrender government weapons custody card.
Removal of on-base stored personal weapons.
Other orders as necessary based on specific circumstances.

Privileged Communication:

Information or communications that are protected under the law from disclosure to others. The Uniform Code of Military Justice recognizes a privilege between husbands and wives; attorneys and clients; communications to clergy; and between psychotherapists and patients.

Protective Measures:

Commanders can expect to be informed promptly when dangerousness issues arise in the course of a mental health evaluation or treatment. If the Marine was referred for a formal Command-Directed Evaluation, both oral and written feedback will be given to the commander addressing the specific issues raised by the commander. The provider may recommend duty restrictions such as removal from weapon-bearing duties or temporary change in flying status. Commanders can also help ensure the individuals duties do not involve significant time alone which there would be opportunity for dwelling on problems and potentially attempting suicide. Commanders may also be directly advised to take steps to reduce access to weapons at the individuals home. While it is impossible to limit a persons access to all potential suicidal means, it is important to take reasonable steps to ensure safety when possible. Firearms pose the greatest risk as a readily available means of self-harm and should always be removed from a suicidal individuals home when legally possible. When this is not possible, counseling the Marine, family, or friends, about the dangers of keeping a firearm available to the suicidal Marine so that it is voluntarily removed, should accomplish weapons removal. Security Forces will generally secure personal firearms in the armory.

Staff Judge Advocate:

The senior judge advocate assigned to a general officer in command. The Staff Judge Advocate (SJA) serves as the principle legal advisor to the Commanding General and subordinate commands. For more information see: http://sja.hqmc.usmc.mil

Support Standards:

For information on support standards please see the LEGADMINMAN, Chapter 15.