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Article 32 Investigation

The Article 32, UCMJ, investigation is the equivalent of a pretrial hearing in civilian court.

The procedure was changed substantially by Congress in 2019. Now the hearing is no longer a discovery tool for the defense or intended to be a "bulwark" against baseless charges. Now it is much like the Federal Rule of Criminal Procedure 5.1.

That the new Article 32 is supposed to be like the preliminary hearing for a civilian accused is not the problem. The problem is that, unlike in federal district court, the convening authority can still prosecute. If a magistrate judge in federal court does not find probable cause the charges are dismissed.

Here is the new Article 32 and you can immediately see how a servicemembers is discriminated against and treated unfairly. Basically, even though there is no probable cause you can be made to face court-martial. 

Here is a link to the Policy Subcommitte Article 32, UCMJ, Preliminary Hearing Assessment of the DAC-IPAD.

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Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my family. Philip was so helpful, truly a calming force, and his legal help was invaluable to me, I am so thankful that I availed myself of his services! Rob
Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're exactly spot on. He is my hero and thanks to him I gave my life back... Bryan
Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to him. He genuinely cared about me and made my case his priority. He used all his experience and knowledge to put forth a good defense. I am very pleased with him and will recommend him to anyone in need of an attorney. Crystal