Your Rights During a Military Article 32 Hearing: What Every Service Member Needs to Know

Gonzalez & Waddington, Attorneys at Law is a globally respected military defense law firm, led by top-rated trial attorneys Michael Waddington and Alexandra Gonzalez-Waddington. With decades of courtroom experience and a track record of winning high-profile military justice cases worldwide, they are trusted defenders in the most serious UCMJ matters.

What Is an Article 32 Hearing?

An Article 32 preliminary hearing is a critical legal checkpoint in the court-martial process. Often misunderstood as a “military grand jury,” it is meant to assess probable cause and determine whether charges should proceed to a general court-martial. But over time, Article 32 hearings have been transformed into strategic tools for the prosecution.

Your Legal Rights at Article 32

• You have the right to be represented by a military defense lawyer or civilian defense counsel of your choice.
• You have the right to present evidence, call witnesses, and cross-examine government witnesses.
• You are not required to testify and should not without advice from experienced legal counsel.
• Youhave the right to waive the hearing—though this must be weighed strategically.

Why Waiving Article 32 Can Backfire—or Work to Your Advantage

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rticle 32 hearings give the government a chance to perfect their case, lock in witness testimony, and adjust their strategy. In some cases, waiving the hearing may help the defense—especially if overseas witnesses are unreliable or unavailable. But in many cases, the government will use the hearing to build a stronger case against you.

When Article 32 Helps the Government More Than the Accused

Military defense lawyer Michael Waddington explains how investigators and prosecutors often exploit Article 32 to test witnesses, cure weak evidence, and prepare for trial. Once a witness testifies under oath—even if they later disappear—their testimony may still be used at trial. This is why strategic legal guidance is essential at this phase.

Who Should Represent You at Article 32?

This is not the time to rely solely on appointed military counsel. You need a civilian military defense lawyer who:

• Has cross-examined hostile witnesses under pressure
• Knows how prosecutors use Article 32 to manipulate the narrative
• Can protect you from tactical traps and preserve defense advantages

About Gonzalez & Waddington

• One of the most experienced military defense teams in the world
• Defended cases in over 12 countries, from Iraq and Germany to Japan and Korea
• Authors of multiple bestselling books on military justice and trial warfare
• Recognized authorities in court-martial defense and UCMJ strategy

FAQs: Article 32 Hearings & Military Rights

What happens if I waive my Article 32 hearing?

The case may proceed to court-martial without any preliminary witness testing. In some cases, this helps the defense—but it can also remove opportunities to challenge weak accusations early.

Can I have a civilian lawyer at my Article 32?

Yes. You can—and often should—hire a civilian military defense attorney to lead your defense and protect your rights at this critical stage.

Can Article 32 testimony be used at trial?

Yes—if a witness testifies under oath and is later unavailable, that testimony may be introduced in court under certain rules. This is why cross-examination strategy is vital at the hearing.

How do I schedule a case review?

Call 800-921-8607 or visit ucmjdefense.com to speak with our defense team.

Download Our Free Legal Guide

Before your Article 32 hearing, get our UCMJ Survival Guide—a free downloadable resource that explains your rights and how to defend your career.