Article 32 Preliminary Hearings in Hawaii

New Changes to the Preliminary Hearing Show Just How Critical a Good Defense Team Really Is

As a service member accused of a crime here in Hawaii, your rights hang by a thread. The U.S. Government has been dismantling those rights for years, and nothing makes this more evident than the changes to the Article 32 preliminary hearing. What was once a discovery tool used by the defense to help prepare their client’s case for court has been reduced to a pre-trial formality. With the new changes to preliminary hearings, alleged “victims” receive additional rights, while the defendant is left with even fewer.

The Hawaii-based Bilecki & Tipon LLLC team has known about these changes for some time, and we’ve been preparing for them. Despite the changes to the military’s preliminary hearing structure, a strong defense still has options worth weighing. But to ensure that a defendant has the momentum going into trial, it’s become essential—now more than ever—to hire the most aggressive, hard-hitting legal defense team available. As your rights continue to erode, you stand an even greater chance of a guilty verdict, a loss of your military benefits, and quite possibly an end to your freedom.

What You Need to Know About the New Article 32 Preliminary Hearing

The Article 32 preliminary hearing has one purpose, and that is to identify whether the accused service member had probable cause to commit the crime. This forces the defense’s hand so that they can no longer use the preliminary hearing to pick apart the prosecution’s case, learning its strengths and weaknesses along the way. Furthermore, it’s now within the legal rights of an alleged victim to refuse to take the stand during a preliminary hearing. This makes it more difficult to cross-examine that witness during the actual trial.

It’s as if the government is piling on hurdle after hurdle onto the racetrack in an attempt to slow the defense down as much as possible. The only good news is that a capable defense team can still build a strong case even without the discovery tools of a preliminary hearing. By using our own investigators and specialists here in Hawaii and abroad, we can play the same game as the prosecution—by keeping them guessing as to our intentions and asking tough questions that will put their own witnesses in doubt.

Don't Allow Your Side of the Story to Be Watered Down

You deserve to have your side of the story told convincingly and passionately. That takes a defense team that understands the changes to the preliminary hearing and can maneuver past the roadblocks set up by the government and the prosecution.

If you’re prepared to fight and to let others know your side of the story, then Bilecki & Tipon LLLC is prepared to fight alongside you. If you’re being investigated for criminal charges here in Hawaii and the stakes are extremely high, then you need to make the call to Bilecki & Tipon TODAY at (800) 996-9747 for an initial consultation with an experienced court martial attorney.