Ei Incumbit Probation Qui Dicit.

Proof lies on him who asserts, not on him who denies. The concept is that one is innocent until proven guilty. Regardless of what the law says about reasonable doubt, there is an unwritten presumption within the ranks of the military that if you are charged with sexual assault, then you are guilty. The stakes are your life! Your military counsel works for the same military that charged you. Consider that as you choose who represents you in your potentially life altering case.

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Why It Is Important for You to be Active in Your Defense

Article 32

By: Tasha Carnahan

When you're in trouble and you ask for help, you expect the best possible effort that the person you reach out to can provide. You want them to represent you in a manner that best displays your remorse, character, and/or innocence. If you're reaching out to a friend then you would have no reason to worry, for the most part the details required would already be known. When you hire legal counsel, there can be the same expectation; however, the details of your case must be provided.

In order for Joseph Jordan UCMJ Law, or any law firm for that matter, to provide you with the best defense you must be proactive. Your attorney has not known you for your entire life, they were not present at the time of matter in question, and they do not know a single detail about your character. You have to be active in your defense in order to ensure your attorney can provide you with the best possible representation.

There are a number of ways to assist your attorney in representing you. Just because you hire counsel doesn't mean you should be a lush. One cannot expect an attorney to come up with all of the answers on their own. The most important tool to aid in any relationship is communication. You have to stay in constant communication with your attorney in order for them to stay up to date on any current events that could affect your case or attest to your character.

You stay in communication about events in your life and you constantly find ways to update your attorney on your issue at hand. Generally the best type of communication for attorneys is either an email or letter. Attorneys love black and white. This is what they live for. Reading between the lines. You get the picture.

Additionally, anytime you come across anything that could prove useful you should send it immediately to your counsel. If you have documents to aid in your case, even if you think it is not necessarily something you think will prove your case, it could still be used for your defense. Any evidence that you have, or photos in your possession, should also be provided to your attorney to aid in their abilities to further understand all aspects of your case.

A detailed list of possible witnesses could prove a valuable source for both your defense and your character. The sooner you provide this list of witnesses to your attorney, the better which will allow them to immediately begin working on the case. Something to also consider when providing a witness list is, witnesses are at times the typical sense that one thinks of when they hear the word, which is someone with first-hand knowledge of the events that transpired; however, some witnesses are those that have witnessed the character or events of the other party involved. Other witnesses that you must consider providing to your attorney are character witnesses. Those that have witnessed you in your day-to-day life, witnessed you during an important event in your life, or someone that you have worked with or for. Under military law, good military character can actually serve as a defense to alleged misconduct.

Last but not least, you should provide your attorney your perspective on the matter. Generally, most communication between two people is interpreted incorrectly because of how the other person interprets what was said or done and reacts to this issue. An attorney must know what else is there to the story. Provide the entire story to them even if you believe that it is the most minor detail. That small detail could assist your case and be the key to your innocence.

In order to be provided the best defense, you must be proactive in your defense. Be in constant communication with your attorney or paralegal, provide evidence-documents/photos, witnesses lists, and narrative of events. Do you part. Don't be a lush. Assist in wining YOUR case.

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