Military Defense FAQ

Common Questions About Military Defense Law

Q: If I am guilty, do I still have a chance of winning?
Q: Do all military defense attorneys have personal military experience?
Q: If law enforcement officials want my recorded statement, should I comply?
Q: If I have already made a statement, do I still have a chance?
Q: What if law enforcement never read me my rights, does that mean that we win the case by default?
Q: When law enforcement asks to search me, my car or my barracks, do I have to give them my consent?


Q: If I am guilty, do I still have a chance of winning?

A: At Dishman Military Advocates, your guilt or innocence is not for us to determine or even necessarily know. Rather it's up to the courts. Despite that, we will fight vigorously to protect your rights and pursue your best interests.

With Brent Dishman fighting by your side, your chances of obtaining a favorable outcome are far greater. He has spent most of his life serving in the Air Force on Active Duty, and his passion is to defend those that defend this country. If you are convicted of crime or plead guilty, you could lose everything. So invest in your future and obtain the hard-hitting defense that you need to protect yourself.


Q: Do all military defense attorneys have personal military experience?

A: No, some do not. Many civilian military attorneys have a passion for the service but have never personally been in the JAG Corps or any branch of the military. It is not required of them to have that experience either. With Dishman Military Advocates however, you will receive top-notch legal counsel from an attorney who has walked in your shoes.

Attorney Dishman has served in the Air Force for most of his adult life. He became the Senior Defense Counsel at Sheppard Air Force Base which is one of the highest level of court martial advocates in the service, and was named the Air Force's #1 defense attorney. He oversaw defense operations for over 20,000 personnel. Mr. Dishman is familiar with both sides of the law and he has former chief prosecution experience at Lackland AFB. His unique insight and experience will be an invaluable asset to your military case.


Q: If law enforcement officials want my recorded statement, should I comply?

A: In most cases, the answer is a resounding "no," and you should never give a statement before talking to an experienced military defense attorney. You may think that it would be more beneficial for your case to simply cooperate and comply with law enforcement, but it can work against you.

Members of CID, OSI, or NCIS will try and convince you to give a statement and they can persuade you into thinking your cooperation will alleviate the severity of the charges you face. Remember that you have the right to remain silent and you have the right to have your attorney present. Law enforcement officials will sometimes employ lies or ask you to waive certain rights in an attempt to pull a confession out of you.

Many clients ask "By refusing to give a statement, won't they further suspect me to be guilty?" The truth is that they already suspect you of being guilty, which is why you have been taken into arrest. If you are facing court-martial charges or are under investigation, they already feel there is reason to believe that you are at fault and they are just looking for proof to validate their theory. So remain strong and don't let officials trick you into making a statement because they may turn around and use it against you.


Q: If I have already made a statement, do I still have a chance?

A: Yes, but it will make things more difficult. Fortunately, attorney Dishman's reputation precedes him as he is known for his tenacity, masterful thinking, and his gutsy demeanor. He will fight vigorously to have your charges reduced or dismissed entirely and he is more than capable of winning a "confession" case. He has achieved countless successful verdicts for his clients and has defended against even the most austere crimes. So, even if you have given your statement to the officials, don't give up hope. Let our experience, skills and dedication work for you!


Q: What if law enforcement never read me my rights, does that mean that we win the case by default?

A: Unfortunately not, contrary to popular belief your case will not be dropped if official forget to read you your Miranda rights. In questioning however, they will be prohibited from using any statement that you make as evidence against you. If you say something to incriminate yourself on the record but they have not properly advised you of your rights, then we may be able to suppress your statement and have it thrown out. This goes for any military member, if they are not given the Article 31 warnings by their command or a law enforcement agent, then their statement is inadmissible in court.


When law enforcement asks to search me, my car or my barracks, do I have to give them my consent?

Definitely not. As a member of the military or even as a U.S. citizen, you have the right under the 4th Amendment of the Constitution to be free of unreasonable search and seizure. If law enforcement ever conducts a search illegally without either your consent or a warrant, then whatever evidence they find during the search cannot be used against you. By doing this, they have violated your legal rights, but if you give your consent then the military court will have to allow anything that they find as evidence in the case. So if officials ask to search through your car or barracks you can simply tell them no and sign the refusal form. Make sure that you carefully read through any form that you sign and make sure that you ask for a copy to keep for yourself because some people have been known to falsify papers.

Have further questions? Contact our office or fill out a free case evaluation form now.

Dishman Military Advocates - Military Lawyer
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