North Carolina Boards of Inquiry Lawyer

North Carolina Boards of Inquiry Attorney

A board of inquiry (BOI) is an administrative hearing run by the military to investigate allegations. Typically, these investigations can involve misconduct or performances seen as substandard against an officer. Some people can view these events similarly to a non-serving person’s employment hearing. Although the consequences of these events can be lower than that of a court-martial, it is important to hire a North Carolina board of inquiry lawyer in such situations.

The outcome of a BOI can severely impact your career. Depending on your situation, these events can result in anything from a letter of reprimand to someone being separated from the military altogether. Having experienced Fort Liberty BOI representation can be the difference between someone successfully navigating the process and failing to have their rights protected.

Court-Martial vs. Board of Inquiry

The main difference between a court-martial and a board of inquiry is that the latter can have much lower stakes. Although people involved in either can face disciplinary action, it is less likely that very severe consequences will result from a BOI. These official situations serve distinct purposes in the military hierarchy and operate under different rules. An experienced court-martial lawyer can help you understand the difference between these two case types.

The Purpose

A court-martial is a judicial process that helps determine a person’s guilt for a criminal offense under the Uniform Code of Military Justice (UCMJ). Conversely, boards of inquiry are administrative sessions that investigate misconduct or incompetence allegations.

The Burden of Proof

Court-martials have a higher burden of proof for those prosecuting the case. Like criminal cases for common people, court-martials have a standard similar to that of “beyond a reasonable doubt,” although the military courts have their procedures, differences, and standards. Boards of inquiry do not have the same standards of evidence needed because they typically involve much less serious misconduct. A skilled military lawyer can help you navigate these differences effectively.

The Standard of Evidence

Court-martials can require adherence to strict rules of evidence, similar to criminal trials. A board of inquiry can seem more relaxed in comparison and allow for a wider range of information to work as evidence.

Potential Outcomes

While court-martials can result in more severe punishments, the result of a board of inquiry does still matter. In court-martials, you can be penalized with confinement, forfeiture of pay, or dismissal from the military. Though less severe, a board of inquiry can mean letters of reprimand, counseling, or separation from the service, which can impact your career trajectory.

Understanding key differences between these sessions can affect how you approach your allegations and how much help you need with your case.

How We Can Help Your Board of Inquiry

When you need help, like with Fort Liberty BOI representation, you have W. James Payne Law Firm to guide you through your challenging process. Rules of boards of inquiry can differ, depending on the branch of service you are involved in. In most cases, your case can end if the board finds you not guilty of committing the act or if you do not meet disqualifying conditions. We seek for your case to end without any discipline handed down.

Sometimes, cases can result in a possible discharge. Even though we seek to avoid such outcomes, they can still happen, and we are prepared to advocate for you in the subsequent steps. We can help you with the General Court-Martial Convening Authority if a discharge recommendation arises.

This body can significantly impact whether a discharge occurs. We can often help contradict the findings against you or get your charges suspended. At any stage in the typical procedure, we can help you take steps to aid in your case, whether by providing written documentation to help with your defense or advocating for a personal interview with the General Court-Martial Convening Authority so you can plead your case.

It is essential to seek legal guidance when facing a board of inquiry. We can advise you on the crucial steps to take in the process so you can receive the ideal outcome for your situation and, hopefully, avoid any serious consequences due to your allegations.

FAQs

What Are Articles 43 and 75 of the UCMJ?

Articles 43 and 75 of the Uniform Code of Military Justice deal with the statute of limitations on offenses in the military and the restoration of rights when a result is overturned. Article 43 of the UCMJ establishes no statute of limitations for serious offenses, a general statute of limitations for most offenses, and an extended statute of limitations for child abuse. However, there are exceptions and times when statutes can be suspended.

Article 75 outlines how the restoration of your rank can occur once a court overturns your conviction results.

What Is the Difference Between a Board of Inquiry and a Court-Martial?

The main difference between a board of inquiry and a court-martial is that they serve different purposes and operate under different rules. While both are proceedings within the military justice system, each has different purposes, burdens of proof, rules of evidence, and potential outcomes. Understanding the distinctions is crucial for service members facing potential disciplinary action.

How Much Is an Attorney in North Carolina?

The cost of an attorney in North Carolina can vary, depending on the specifics of your case, the location of your case, and the experience of the attorney involved in your defense. The cost of an attorney can affect whether people seek legal representation, but deciding not to hire an attorney can often mean an unsuccessful outcome in your case.

When considering the cost of an attorney, service members must weigh their options and consider the possibility of being convicted.

How Can W. James Payne Law Firm Help With a Board of Inquiry?

At W. James Payne Law Firm, we can provide comprehensive legal representation for service members facing board of inquiry proceedings. Our services include initial consultations, investigation preparations, representations at hearings, and support with appeals or other legal actions when necessary. Our goal is to protect your rights, minimize the impact of your investigation, and achieve the most ideal outcome for your board of inquiry.

Get Help With Your Board of Inquiry Today

Our team is dedicated to protecting your rights and achieving your desired outcome. We deeply understand the board of inquiry procedures and know what to do when you need us. Do not face your challenge alone. Contact W. James Payne Law Firm today for a confidential consultation.