Article 31, UCMJ

Article 31, UCMJ is a cornerstone of the Uniform Code of Military Justice, safeguarding service members’ rights during questioning by military authorities. Similar to the Fifth Amendment of the U.S. Constitution, Article 31 ensures that military personnel are not compelled to provide self-incriminating statements during investigations or court-martial proceedings. These protections are crucial to maintaining fairness within the Armed Forces and ensuring that service members’ rights are upheld.

At Kral Military Defense, an all-veteran law firm with extensive experience across all branches, we are committed to protecting the rights of service members and ensuring they receive fair treatment under military law.

Key Provisions of Article 31

Article 31 consists of four sections, each addressing critical aspects of protecting against self-incrimination:

Article 31(a): Compulsory Self-Incrimination Prohibited
- Military authorities cannot compel a service member to answer questions or provide information that could incriminate them.
Article 31(b): Rights Warning
- Before questioning a service member suspected of an offense, authorities must inform them of:
  - The nature of the accusation.
  - Their right to remain silent.
  - The fact that any statements made may be used against them in court-martial proceedings.
Article 31(c): Persons Subject to Article 31(b)
- The rights warning applies to all personnel in a law enforcement or disciplinary role, including officers, military police, and investigators.
Article 31(d): Admissibility of Statements
- Any statements obtained in violation of Article 31(b), or through coercion or unlawful inducement, are inadmissible in court-martial proceedings.

Implications for Service Members

Service members must understand their rights under Article 31 to protect themselves during investigations. Key takeaways include:

Right to Remain Silent: You are not obligated to provide information that could be used against you in a military investigation or court-martial.
Notification of Rights and Accusations: Military authorities must inform you of your rights and the nature of the charges before questioning begins.
Exclusion of Improperly Obtained Evidence: Statements obtained in violation of Article 31 are inadmissible, which can significantly impact the prosecution’s case.
Seek Legal Assistance: If you believe your rights under Article 31 have been violated, consult with a qualified military defense attorney to address the situation and protect your interests.

Consequences of Violating Article 31 Rights

When Article 31 rights are violated, the following outcomes may occur:

Exclusion of Evidence: Improperly obtained statements or confessions cannot be used in court-martial proceedings.
Suppression of Derivative Evidence: Evidence derived from unlawful statements may also be excluded under the “fruit of the poisonous tree” doctrine.
Dismissal or Reduction of Charges: If the prosecution relies heavily on inadmissible evidence, charges may be dismissed or reduced.
Disciplinary Actions Against Violators: Military personnel who violate Article 31 rights may face administrative or disciplinary measures.
Appeals and Remedies: Convicted service members can seek relief if their Article 31 rights were violated during the investigation or trial.

What to Look for in a Military Defense Attorney

Choosing the right attorney to represent you in a military legal matter is critical. Key qualities include:

Comprehensive Knowledge: A strong understanding of the UCMJ, military rules of evidence, and court procedures.
Experience: Substantial experience in court-martial proceedings and military investigations.
Dedication: Commitment to protecting your rights and ensuring a fair trial.
Communication Skills: Ability to clearly present complex legal concepts and arguments.
Analytical Skills: Capacity to evaluate evidence, identify key issues, and develop effective defense strategies.

Why Choose Kral Military Defense?

At Kral Military Defense, we bring:

Veteran Expertise: Our all-veteran team understands the unique challenges of military life and legal proceedings.
Aggressive Representation: We fight tirelessly to protect your rights and ensure fair treatment.
Comprehensive Support: From investigations to appeals, we guide you through every step of the process.

Contact Kral Military Defense Today

If you are facing a military investigation or believe your Article 31 rights have been violated, do not wait to seek help. At Kral Military Defense, we are dedicated to protecting your rights and achieving the best possible outcome for your case. Contact us today to schedule a consultation and learn how we can assist you.

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Rico Ruiz

100% professional and timely. Abbigayle and Danielle walked me through every step. They were monsters, coming in swinging and more blood thirsty than a 1986 Mike Tyson. If you want someone in your corner that goes in with “naval guns”, then these are your gals.

Curley Harris

Worth.Every.Dollar.

Victoria Jones

Wow! Danielle from this Firm has been nothing short of AMAZING! She helped me get to the bottom of my issue with one of my legal forms in the Military, and gave me more Hope to my specific case! She was relentless and offered her help in every way. She was prompt on our call, diligent and very responsive. I really appreciate everything and I'm excited for the future! Thank you Kral Military Defense for your help along this journey! I'm glad I was recommended to you!!!

Ryan Couzens

I am a criminal defense attorney in Northern California; I have had multiple clients with potential military issues with their criminal case. I researched military law attorneys and found she came highly reviewed. These military law questions require particular expertise to see how they can affect my clients, and Stephanie Kral always responded timely with great advice to help my clients. Whenever I have a military question, I contact Stephanie Kral.

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Stephanie and the Kral Military Defense firm did an excellent job fighting my NILD (not in the line of duty) determination. They are extremely knowledgeable and professional. The rebuttal that they wrote convinced the appointing authority to reverse their decision and I am not on track to receive the benefits that I earned. I highly recommend this firm for any military related matters.

Dallas Howell

Stephanie was very kind and always gave great advice. She responded to all my questions in a timely manner. 10/10 recommend.

Fred

If you are reading this more than likely you are in desperation mode and looking for a military defense lawyer. STOP looking, you found steph and her team. From the go i was taken care of, every question answered and every worry put at ease. The way steph strategized and wrote my defense i could not have done myself nor i think any jag would have done it. I remember sitting across from her very worried and nervous, she asked what was i worried about and i named off a couple corncerns, she went on to explain them all and why i should not worry because she had it handled. There is no price for that feeling. Her and her teams many years of experience is what you need. Thank you steph. I can now move on and reach that finish line.

DeAndre Fletcher

Good morning, Afternoon or Evening to all.
I recently had Stephanie, Lindsey and Danielle as my defense counsel team. They were very professional, approachable and available to assist, give information and be readily available. Nothing but a wonderful experience, definitely help me keep my stress levels at bay while dealing with the legal process regarding my case. I am keep their contact information on hand for anyone who will ever need there services. Highly recommended.

Beautiful

I found myself in an unfortunate situation where I was in desperate need for a military defense attorney. Steph, Abbey and Danielle are a POWERHOUSE together. They’re so knowledgeable and professional. I just remember being told that I was getting an automatic ADSEP and all I can say is that I’m still here with an amazing outcome. I highly recommend if you want to save your military career, especially if you find yourself feeling hopeless about your legal situation 100% retain this law firm you won’t regret it. I am beyond grateful to have had KMD on my side.
Thank you so much again for a fantastic job!:) Teiona B

Candice Thompson

I found myself in an unfortunate situation where I was desperate for an attorney. I am so glad that I found KMD. Steph is a POWERHOUSE and didn't back down during the entire case. She is so knowledgeable and uses her knowledge to your advantage. I could not recommend her more, especially if you find yourself feeling hopeless about a legal case. I am beyond grateful to have met Steph and have her on my side.

Jasmine Rodriguez

Found myself in an unfortunate situation where I was in need of a lawyer. Luckily when I did a google search Kral Military Defense was the first website to pop up. If you are willing to fight for your name and career, then look no further Kral Military Defense is who you want on your side. Stephaine and her team are very knowledgeable and professional.

matthew larason

Kral Military Defenses has my highest recommendation! If you are a service member and need an attorney who is responsive, intelligent, and treats you like a person, not just a number. She is the attorney for you.

I was on deployment when I needed an attorney. Kral Military Defense took care of my legal affairs while I was out to sea. It was a weight off my shoulders knowing she was handling my situation back home while I was gone.

When my chain of command was putting unnecessary limitations on my liberty because of my legal situation. She went above and beyond by contacted my ship and was able to get them lifted.

Kral Military Defense was able to resolve my situation with no action taken against myself. If I ever need of a defense attorney ever again I'm 100% coming back to Kral Military Defense.

graham de la garza

My local Military Defense Counsel is very short staffed so I had trouble getting a hold of them. Not wanting to wait I contacted Ms. Danielle Espinosa over the weekend and she was able to help review and discuss my response with me before it was due Monday. She was extremely knowledgeable, cut the fluff and told me like it was. I recommend anyone serious about the future of their Military Career to work with this team. Thank you for your help!

Chad S.

When I retained Ms. Kral, I was a nervous wreck. As she worked with me over the course of 18 months, she was compassionate and was able to assure me that I would have a future. Even my command JAG assured me I’d be alright when I hired her. I couldn’t have asked for a better outcome with my case. Ms. Kral should be your choice if you need a military defense attorney.

Rufus Byrd

Abbigayle Hunter and her legal team, especially Danielle Espinosa, were exceptional! The communication was prompt, professional, and thorough. From the moment we reached out to them, they showed a genuine interest in understanding our case and providing us with the best legal representation possible.

Abbigayle Hunter and Danielle Espinosa, went above and beyond to ensure that we were kept informed throughout the entire legal process. They promptly responded to our emails and phone calls, addressing any concerns or questions we had. Their attention to detail and extensive knowledge of the law instilled confidence in us that we were in capable hands.

Not only did Abbigayle Hunter and her team provide us with excellent communication, but they also displayed a remarkable level of expertise. They meticulously examined every aspect of our case, leaving no stone unturned. Their dedication and commitment to our case were evident in the meticulous research they conducted, the thorough documentation they prepared, and the persuasive arguments they presented.

Abbigayle Hunter not only possessed an impressive understanding of the law but also had excellent negotiation skills. Her tirelessly advocated on our behalf, ensuring that our interests were protected and our rights were upheld. Their ability to navigate complex legal matters and maneuver through any obstacles that arose was truly remarkable.

Kourtni Bernicky

Stephanie and her team were AMAZING! I found her through a mutual friend and she handled my case with care and compassion. Even her team checked on me, answered all my questions I had, overall she made sure everything was token care of during the ENTIRE process! When she told me “don’t you worry, that’s my job” I truly believe her and in the end she got the results that I am so grateful for! Hopefully I won’t have to go through the process again but if I have to she will most definitely be the woman I WILL call on! Thank you so much Stephanie and Danielle you both made this process a lot less stressful with your knowledge and compassion towards me and my case!!!

Jonathon Lynch

Steph and her team worked diligently to ensure all evidence or lack there of was thoroughly examined. Her knowledge and experience within the military justice system gave me piece of mind throughout the process as she was well versed in the way everything played out. My family and I are grateful for the hard work and professionalism displayed by everyone on her team. Thank you!

Marcos Maldonado

Steph was the first and clear choice to handle my ADSEP board. I was facing serious allegations, which she handled with professionalism while keeping me posted along the way. Her expertise in UCMJ matters is second to none. Without her I would have probably lost my retirement benefits.

Jameel Yusuf

Stephanie is very experienced and a great attorney.

Tim Malikie

There are many things that I could say about this particular law firm, but instead of going into the weeds on my particular case, I feel as though brevity would be the best choice here. I was primarily represented by Ms. Abbigayle Hunter, and in short, I believe the representation by Ms. Hunter was above reproach. I couldn’t have asked for a better legal professional to handle the complexities of my particular case. She was transparent, punctual, and actually made me feel as though she was personally invested, despite the fact that she had already been paid for representation. She didn’t sugarcoat hard truths and was very up front about all different aspects relating to my case. It was comforting in a way that she was also a fellow service member, and it made me feel as though she took this case to heart and it added another level of drive to the case. Ms. Hunter has a certain tenacity in the courtroom that I found very refreshing to witness, and I would strongly recommend her to anyone else seeking legal advice. Would actively seek to be represented by her again, though also hoping it’s never needed.

Jamal Stephens

Outstanding!!!! She's very smart, knows her job, and communicates with you all the time with the best of her knowledge. I highly recommend Kral Military Defense!!!

Vincent Hurtado

After my command refused to give me due process, I was lost for words and truly had no where to turn. A shipmate referred me to Steph and it was the best possible recommendation I have ever received. Reliable, expert, professional and overall just a great person. She never lost sight of my case and would check in on me to ensure I was doing good personally. I highly recommend her services to anyone who may have a legal issue. At minimum, request a consultation. I can assure that you will not be dissatisfied!