"Go Talk to Legal"
Command Judge Advocate
What is the legal advisor to the commander?
CPT Troutman
What is their Job Positions?
SFC Patrick Hanudel
&
Peter Rentas
SFC Hanudel is the Sexual Assault Response Coordinator?
Mr. Rentas is the SHARP Victim Advocate
Name 3 Types of Investigations
Military Police/ Criminal Investigation Division
Formal Investigation/ AR 15-6 (Ch 5)
for more complex offenses; requires an IO
Preliminary Inquiry (AR 15-6 Ch 4)
for any offense reported to cdr; no formal requirements
This behavior involves acts of aggression intended to exclude, isolate, or humiliate a victim. This can be indirect/ subtle and involves an imbalance of power between the aggressor and the victim.
What is Bullying?
Civilian authorities (judge), Military Magistrates, __________, and ___________ may issue search authorizations based on probable cause.
Military Judges, and Commanders
Wednesdays at 1300-1330
When is TDS Article 15's intake?
Name 3 OSTC Covered Offenses
Article 117a, UCMJ (wrongful broadcast); Article 118, UCMJ (murder); Article 119, UCMJ (manslaughter); Article 119a, UCMJ (death or injury of unborn child)
Article 120, UCMJ (rape, sexual assault, and abusive sexual contact); Article 120a, UCMJ (depositing obscene materials in the mail); Article 120b, UCMJ (rape and sexual assault of a child); Article 120c, UCMJ (other sexual misconduct ie. indecent exposure)
Article 125, UCMJ (kidnapping); Article 128b, UCMJ (domestic violence); Article 130, UCMJ (stalking); Article 132, UCMJ (retaliation); Article 119a, UCMJ (death or injury of unborn child); Article 134, UCMJ (sexual harassment) (2025)
This specific, mandatory flag code must be initiated within 3 working days when a Soldier is designated as the subject of an AR 15-6 investigation
Commanders Investigation Flag (Code L)
If a victim discloses a sexual assault directly to their commander, this reporting option is immediately and permanently off the table.
What is a Restricted Report?
Group gifts on special infrequent occasions are limited to $___ in value per donating group.
(5 C.F.R. § 3601.104(a))
What is $525?
Article 15s; administrative separations; court-martials; rights advisements, advising Respondents to an investigation
What are services provided by Trial Defense Services?
OSTC's Charging Standard
(Not PC/ Preponderance)
Likely to be Sufficient to Obtain and Sustain a Conviction
Who can be an Investigating Officer?
Impartial and unbiased:
•Officers
•Warrant Officers
•GS11 and above
•E7 an above (senior in rank to subject)
Visits to bars, nightclubs, eating establishments, homes (except for social gatherings that include the unit/office/work section)
Financial/ business relationships; borrowing/ lending money; shared living accommodations (except operational requirements); intimate/sexual relationships
In 2004, congress amended this act to make it clear that a dependent's lease obligation terminates with the Service member's.
What is the Servicemembers Civil Relief Act (SCRA)?
Legal counseling/correspondence; family law; landlord/tenant issues; military admin (evaluation appeals, reprimand rebuttals, Article 138s); wills
What are services provided by legal assistance?
When can the commanders investigation flag be removed?
Commanders Investigation flag can be removed when:
the investigation results in no adverse findings against the Soldier
Different flag imposed
Cdr decides to take no action against the Soldier
This federal law makes it unlawful for any person—including a Soldier—convicted of a qualifying misdemeanor crime of domestic violence to ship, transport, possess, or receive firearms or ammunition.
What is the Lautenberg Amendment (or the Domestic Violence Amendment to the Gun Control Act of 1968)?
Circumstances that do not require prior authorization to conduct a serch or seizing of evidence.
Consent
Exigent Circumstances (medical emergency/destruction of evidence)
Incident to Lawful Apprehension/Stop (applies to law enforcement)
Item in plain view (visible and in the open and whose incriminating nature is immediately apparent)
(offical is authorized to be in an area at the time an object is seen/smelt/felt and the contraband item is detected without moving/opening anything)
Name 3 Rights that all Soldiers have
•Presumption of Innocence
•Right Against Self-Incrimination
•Right Against Unreasonable Search/Seizure
•Fair and Impartial Hearings
•Right to Counsel
•Right to Remain Silent
•Right to demand a Trial
•Other rights IAW AR 27-10 paragraph 3-18e. (present own case to the imposing cdr, call witnesses, ect)
When would you initiate the Law Enforcement flag?
When Soldiers are identified as possible subjects/ suspects by USACIDC, military police, civilian law enforcement during the course of an investigation.
Commanders have the option of forgoing UCMJ action in favor of administrative alternatives; name 4 administrative alternatives.
•Counseling; Corrective Training; Administrative Reprimands; Bar to Continued Service; FLAG
•MOS Reclassification; Revoke Security Clearance; Relief from Duties ; Adverse NCOER/OER; Removal from Special Status
•Rehabilitative Transfer; Administrative Reductions; Administrative Separations