It depends. Did your alleged conduct occur before 27 December 2014? If your alleged misconduct occurred prior to 27 December 2014 and you waive your Article 32(b), you could be waiving a potential constitutional issue. Effective 27 December 2014, some of the most recent amendments to the UCMJ state that anyone who has an Article 32(b) hearing after 27 December 2014 will have an Article 32(b) hearing with very limited rights. However, because Congress is impacting military accused that have allegations that arose before the effective date of the amendment, there is a possibility that the amendment may be found unconstitutional. If you waive your Article 32(b) and your attorney does not raise the issue, you will waive the issue on appeal (in the event that you are found guilty of any offense).
Before deciding to waive your Article 32(b), get a second opinion from an experienced court-martial defense lawyer.
Being a former service member herself and working exclusively on military cases, Ms. Stewart has amassed experience to help in the following areas of the UCMJ:
When faced with the decision of hiring a UCMJ specialist, Ms. Stewart’s former clients explain all that is necessary about her commitment to their case and her expertise in handling the toughest legal battles. Learn more about her unique abilities in the words of her clients, peers, and military judges.