Service members facing a military investigation often make the most damaging decisions in the first few days, before they understand what is at stake, according to Capovilla & Williams, a national military defense law firm founded by two former Army judge advocates. The firm is urging troops to learn their rights before they answer questions from investigators or their command, noting that an investigation can start with a single allegation and escalate to a letter of reprimand, separation from the military, or a federal conviction at court-martial.
Under Article 31(b) of the Uniform Code of Military Justice, investigators must tell a suspected service member what they are accused of, that they do not have to make a statement, and that anything they say can be used against them at court-martial. Those warnings apply whether the questions come from CID, NCIS, OSI, or someone in the chain of command. Service members can also ask to speak with a lawyer before answering questions, are entitled to a military defense counsel at no cost, and may hire a civilian defense lawyer.
In most cases, unless they are attached to or embarked on a vessel, service members offered nonjudicial punishment, often called an Article 15 or captain's mast, can generally refuse it and ask for a trial by court-martial instead. That choice carries real risk on both sides and should be made with a lawyer's advice. Letters of reprimand, separation boards, and other administrative actions usually include a deadline to submit a written response or rebuttal, and a strong response can keep a reprimand out of a permanent file or change the outcome of a board.
"I believe justice transcends politics or whatever policy is trending at the moment," said Dan Higgins, a partner at the firm and a 10-year Army veteran. "Everyone deserves an advocate and someone in their corner," said Christopher D. Jones, the firm's chief operating officer and a retired Air Force colonel.
The firm was founded by Robert F. Capovilla and Mickey S. Williams. Capovilla served in the Army JAG Corps as a magistrate, prosecutor, trial defense counsel, and special assistant U.S. attorney, and has been a source on military law for CNN, Military Times, and Stars and Stripes. Williams served with the 1st Ranger Battalion and deployed to combat four times before becoming a judge advocate; as a JAG officer, he prosecuted cases at Fort Lee and defended soldiers at Fort Campbell.
The firm represents service members of every branch worldwide, with a focus on Fort Benning and Fort Campbell. Recent results posted by the firm include dropped charges for soldiers at Fort Rucker and Fort Bragg and full acquittals for an Air Force E-6 and a Navy diver, though past results do not guarantee a similar outcome in any future case. Beyond court-martial defense, the firm also handles federal employment law cases, Title IX matters, and VA disability claims, and its attorneys host the "Military Justice Today" podcast and wrote the book "Court Martial Cases: Defense Strategies and Best Practices." The firm is based in Woodstock, Georgia.
