For service members facing a potential court-martial, the first step is often an Article 32 hearing. This process can feel overwhelming, especially if you’ve never been through military justice proceedings before. Many people are unaware of the importance of this hearing or the significant impact it can have on the outcome of their case.
This blog breaks down the purpose of an Article 32 hearing, what you can expect, and why having a defense attorney by your side—whether you’re in Colorado Springs or anywhere in the country—is critical.
What Is an Article 32 Hearing?
An Article 32 hearing is a pretrial investigation required by the Uniform Code of Military Justice (UCMJ) before certain serious charges can move forward to a general court-martial. While often compared to a civilian grand jury, it is not the same. Unlike a grand jury, an Article 32 hearing is more open, and the accused has significant rights during the process.
The primary purpose is to determine whether there is enough evidence to justify a full court-martial. The investigating officer, typically a senior officer, reviews the government’s case, listens to testimony, and considers the evidence. The hearing does not determine guilt or innocence, but it plays a significant role in deciding whether charges are advanced.
Why Article 32 Hearings Matter
Some service members underestimate the importance of an Article 32 hearing, viewing it as a formality. In reality, it can shape the entire case. This stage provides the defense with the opportunity to expose weaknesses in the government’s evidence early on.
A strong defense presentation can:
- Convince the investigating officer that charges should not proceed.
- Lead to reduced charges or alternative outcomes.
- Influence how the prosecution and command approach the case moving forward.
In short, what happens in an Article 32 hearing can determine whether you face the full weight of a general court-martial or see your case take a different path.
What to Expect During the Hearing
The Article 32 hearing involves several steps and roles. Here’s how it typically unfolds:
- Investigating officer’s role: An appointed officer presides over the hearing, reviews the evidence, and makes recommendations about whether the case should move forward.
- Government’s case: Prosecutors present testimony and evidence against the accused. Witnesses may testify, and documents or other exhibits may be introduced.
- Rights of the accused: Unlike a civilian grand jury, the accused has the right to be present, represented by counsel, and actively participate in the hearing.
Defense rights include:
- Cross-examining government witnesses.
- Presenting defense witnesses and evidence.
- Making arguments that highlight weaknesses in the government’s case.
The investigating officer will then issue a report with recommendations, which can significantly influence whether charges proceed to a general court-martial.
Why You Need a Military Defense Attorney
Having experienced military defense counsel during an Article 32 hearing is invaluable. An attorney prepares you for questioning, ensures your rights are respected, and helps develop a strategy for presenting evidence in your favor.
Key defense strategies may include:
- Challenging the credibility of government witnesses.
- Highlighting inconsistencies in testimony.
- Presenting favorable evidence and testimony that supports your case.
- Creating a record that can be used later if the case advances.
Even if the case proceeds to court-martial, a strong defense during the Article 32 hearing can shape negotiations and weaken the government’s position.
Common Misconceptions About Article 32 Hearings
It’s easy to misunderstand the purpose of an Article 32 hearing. Some of the most common misconceptions include:
- “It’s just a formality.” In reality, this is a pivotal stage that can significantly impact the entire case.
- “You can’t challenge evidence until trial.” You absolutely can and should challenge questionable evidence during the Article 32 hearing.
- “The outcome is predetermined.” A strong defense can lead to charges being dismissed or reduced before reaching trial.
How Court Martial Law Can Help
At Court Martial Law, we have extensive experience representing service members at Article 32 hearings in Colorado Springs and nationwide. We understand the high stakes involved and the opportunities these hearings provide to protect your rights.
Our attorneys don’t treat Article 32 hearings as routine—we use them strategically to challenge the government’s case, preserve your career, and protect your future. With direct access to experienced military defense lawyers, you’ll have a dedicated team fighting on your side from the very beginning.
If you are facing an Article 32 hearing in Colorado Springs or anywhere nationwide, don’t go through it alone. Contact us today for the experienced military defense representation you need and deserve.