Formal. AR 27-10, para. 3-18.
- A copy of DA Form 2627 with items 1 and 2 completed so defense counsel may review and properly advise soldier. Nonjudicial Punishment (NJP)
- Reasonable decision period and to consult with counsel (usually 48 hours).
- Determined by the complexity of the case and the availability of counsel.
- Soldier can request a delay, the commander can grant for good cause.
- Right to remain silent.
- Demand trial by court-martial (unless attached to or embarked on a vessel).
- Request an open or closed hearing. AR 27-10, para. 3-18(g)(2).
- Ordinarily, hearings are open. An open hearing usually takes place in the commander’s office with the public allowed to attend.
- The commander should consider all facts and circumstances when deciding whether the hearing will be open or closed.
- Request a spokesperson.
- Need not be a lawyer.
- Soldier may retain a lawyer at own expense.
- Examine available evidence.
- Present evidence and call witnesses. AR 27-10, para. 3-18i.
- The commander determines if the witness is reasonably available, considering that witness and transportation fees are not available
- Reasonably available witnesses will ordinarily only be those at the installation concerned.
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