How do you overturn NJP?

There are three grounds for appeal: (1) there was not enough evidence to find you guilty; (2) the punishment imposed was too severe; or (3) the commander did not follow proper procedures. The commander considering your appeal can overturn a finding of guilty, lessen the punishment or keep the punishment the same.

Can a sailor refuse NJP?

A military member, except under one circumstance, has the right to either accept NJP, or refuse NJP and demand trial by court-martial. The exception is for Navy and Coast Guard personnel assigned to a sea going command – they have no right to refuse NJP.

How long does the NJP process take?

NJP / AdSep / Court-Martial Flowchart For Defense Services From start to finish, the process takes at a minimum 2 months and can take over a year to complete.

Can an NJP be removed?

Requests for removal can be submitted in two ways. The first is directly to the reporting agency, e.g., OSI, NCIC, CID, etc. The second is to submit a request for removal to the Board for Correction of Military Records (each service has its own).

Can you get an NJP removed from your record?

The NJP does not have to be reported as a “conviction” or “charge” and it should not come up on any background checks. If it does, you will need to seek assistance to have it removed from your record or explain it in sufficient detail.

Can I get a lawyer for NJP?

Members are afforded the right to counsel at all courts-martial, either assigned and/or of their own choosing, and present evidence in their defense. They are allowed to have a defense attorney appointed to them or hire a private military defense lawyer for NJP cases like myself.

Should I accept NJP?

Bottom line is that, with few exceptions, the servicemember who accepts NJP/Article will be found guilty of the charged misconduct regardless of what he states as his defense. Thus, the accused who accepts NJP/Article 15, with the intent of later contesting the charges is usually a very bad strategy.

Can you fight an NJP?

There is always a risk involved in accepting NJP or having allegations of misconduct handled by court martial. Depending on the circumstances, a service member’s best interests are often best served in the long term by fighting the charges in a court-martial than simply accept NJP.

How do you deal with NJP?

5 things you need to know to fight an NJP

  1. Shut up. Demand a lawyer immediately and stay firm.
  2. Lawyer up. You have the right to an attorney, if they can’t provide you with one, the NJP is postponed until they can.
  3. Write a statement.
  4. Take corrective action before the trial.
  5. They could be relieved of command themselves.