The DSO is a global criminal defense law firm comprised of more than 70 Marine Judge Advocates and Legal Service Support Staff who are passionate about defending Marines at courts-martial, boards of inquiry, and administrative separation boards. Our office on Camp Foster is responsible for zealously advocating on behalf of clients accused of crimes or facing adverse administrative actions in Okinawa, Japan.

Active duty servicemembers. We cannot advise civilians.

We provide advice to Marines and Sailors facing punitive action under the Uniform Code of Military Justice and non-punitive adverse administrative actions.

We can advise you on:

• Article 31(b) rights
• Confinement
• Courts-Martial
• Misconduct Allegations
• Criminal investigations
• Command investigations
• Administrative Separations
• Boards of Inquiry
• Non-Judicial Punishment
• “Fast Track” Disposition Packages
• Adverse Service Record Entries
• Other types of adverse administrative matters

What types of legal issues does the DSO NOT advise on?

We do not provide legal advice regarding debt relief, divorces, child custody, leases, property law, contracts, etc. You can find legal advice regarding those issues at your local Legal Assistance office. We do not provide any legal services to dependents of uniformed servicemembers, and we do not represent uniformed servicemembers in civilian courts.

No, the DSO does not advise on traffic tickets. For matters involving traffic tickets at Camp Foster, please see PMO Traffic Court For matters involving traffic tickets at Marine Corps Air Station Iwakuni, see PMO Iwakuni Traffic Court For matters involving traffic court at Marine Corps Base Hawaii, see PMO Hawaii.

Our attorneys cannot advise you on legal matters involving foreign laws. However, they can advise you on how the Marine Corps may subsequently handle such issues.

For example: A Marine is accused of drinking and driving while off base and is arrested by Japanese law enforcement. Our counsel cannot advise you on your criminal case in the Japanese legal system. However, we can advise you on a subsequent NJP based on the underlying drinking and driving allegation.

If you are suspected of an offense, you have the absolute right to remain silent and to consult with an attorney. These two rights are different. The Article 31(b) rights advisement does not have to be in writing, and you do not have to sign anything to waive your rights. Your rights can be read to you verbally, and you can waive your rights verbally.

If you desire to exercise your right to remain silent and/or to consult with an attorney, you must explicitly state your desire to do so. For example, if PMO or your 1stSgt suspects you of misconduct and asks you “What happened here?” it is perfectly okay for you to respond with, “I respectfully wish to remain silent, and I would like to see a lawyer.” Even after you see an attorney, you still have the right to remain silent and not make a statement. Whether you make a statement is up to you, but you should speak with an attorney to discuss the pros/cons of making a statement before you do so.

If you choose to make a statement, whether written or oral, it can be used against you. This includes conversations with law enforcement, your chain of command, friends, family, on social media, and via email. Any statement you make must be truthful. If any part of it is false, you may be subject to further prosecution for making a false official statement.

You do not have to consent to searches or seizures of your property. For example, if PMO asks you, “Is it okay if we search your room / look at your iPhone/ take your computer/ etc.” or “Do you mind giving us a urine sample” it is okay to refuse and to require them to get authorization from your CO (similar to a civilian warrant).

During an interview, law enforcement officers are permitted to lie to you and to embellish the facts in order to get you to incriminate yourself. This means that they can say your accomplice confessed when he did not, that they have your DNA when they do not, that they have you on camera when they do not, and many other things.

Law enforcement officers may offer you an opportunity to take an “exculpatory polygraph” to prove you are telling the truth. Polygraph examinations do not produce reliable or accurate results and polygraph validity is scientifically weak. Very often, these polygraph results will indicate deception or are inconclusive. Just like remaining silent and refusing consent, you have an absolute right to refuse a polygraph examination. You should speak to an attorney to discuss the pros/cons of polygraphs before you submit to an examination.

If you have not already been assigned a detailed military defense counsel, you can speak with an attorney by coming to our walk-in hours.

Walk-in hours are specific hours where you can confidentially and privately speak to an attorney about your legal matter. You must come to our office in-person to do so.

It is DSO policy that legal advice may not be given over the telephone to a prospective defense client or through third parties calling on behalf of the prospective client.

A walk-in counseling is where you can meet with an attorney who will provide you confidential and privileged legal information.

For the Okinawa DSO branch hours, including Iwakuni, see (link to website). For the Hawaii DSO branch hours, see (link to website).

During walk-in hours, you will be asked to complete intake documents that assist our office in understanding your legal matter. Our office will review your intake documents, as well as the underlying legal documents you bring to the appointment. You will then have the opportunity to speak with an attorney about your legal matter. Walk-ins are seen on a first come, first served basis.

Yes, your discussions with an attorney during walk-in hours are privileged and confidential.

Communications made in private to an attorney are covered by the attorney-client privilege.
This means that these communications cannot be introduced into evidence in a trial by court-martial. 

If you talk to anyone other than a defense attorney about your case, the prosecutor may be able to force that person to testify against you.  This includes physicians, nurses, psychiatrists, psychologists, journalists, substance abuse counselors, social workers, parents/children, girlfriends/boyfriends, roommates, co-workers, your Commanding Officer, your Platoon Sergeant, etc.  Do not talk to anyone about your case.

We do not reveal whether a service member is currently talking to a lawyer or has talked to a lawyer in the past.

Bring all underlying documents related to your legal matter. This may include:

• Charge sheets
• NJP Notification
• Administrative Separation Notification
• Page 11 or 6105 documents
• Copies of investigations
• Any other documentation related to your case.

You must bring your underlying documents in order to speak with an attorney. If a Marine or Sailor comes in for walk-in counseling and does not have these materials, a member of the DSO may contact the command to obtain these documents. Without these required materials, the DSO may determine that the individual cannot be adequately counseled.

Unless an attorney has been authorized to form an attorney-client relationship with an accused servicemember, the attorney will not advise the Marine or Sailor to accept or refuse nonjudicial punishment/summary court-martial, to request an administrative board, or whether or not to make a statement to investigators. To allow the Marine or Sailor to make an independent decision, the attorney will, based on the information provided, present the risks and benefits of either accepting or refusing nonjudicial punishment/summary court-martial, requesting an administrative board, or making a statement to investigators.

Walk-in hours are for you to speak with an attorney and receive general information about your legal situation. The attorney you speak with is not your attorney and they are not authorized to represent you in any way. If you have an attorney detailed to you, that attorney is assigned to you and will represent you throughout your legal matter.

No. Attending walk-in hours does not make you a client. The attorney you speak with is not your detailed military counsel.

Usually, you will receive a detailed military counsel if you are facing:

• Court-Martial (Not Confined)
  • You will be notified of preferred charges, and this will trigger our office detailing an attorney to represent you. Once the DSO is notified, an attorney will be assigned and that attorney will contact you.
  • If you have been served charges at court-martial and have not been contacted by one of our attorneys, please reach out to our office.
     
• Court-Martial (Confined)
  • If you are placed into confinement, an attorney will be assigned to represent you at your Initial Review Hearing.
     
• Board of Inquiry
  • Marines notified to show cause at a board of inquiry will have an attorney detailed to represent them during the proceeding. A copy of your notification paperwork is automatically sent to the DSO.
  • Once the DSO is notified of your case, an attorney will be assigned and that attorney will contact you.
     
• Administrative Separation
  • Marines notified of administrative separation proceedings before a board will have an attorney detailed to represent them. A copy of your notification paperwork is automatically sent to the DSO. Once the DSO is notified of your case, an attorney will be assigned and that attorney will contact you.
  • Marines notified of administrative separation without a board will not have an attorney detailed to them.

For the Okinawa Branch, email us at Okinawa_Defense_Services@usmc.mil or call the office at 315-645-3075. For the Hawaii Branch, e-mail us at (OMB) or call the office at (number).

• Marines not currently represented by military defense counsel can obtain legal information by visiting the Defense Services Office (DSO) during normal walk-in hours

• As a general rule, the DSO will not tell commands if a Marine/Sailor visited our office for walk-in consultation. This is to ensure Marines and Sailors feel comfortable having open and honest conversations with DSO attorneys without being concerned about what information the attorney will share with the command. 

• To properly advise on NJP, the DSO must be able to review:
• Notification of Intent to impose Nonjudicial Punishment
• Accused Acknowledgement of rights
• 31b Rights Worksheet
• Investigation(s) (CI, PI, NCIS, CID, PMO)
• If your Marine/Sailor comes to walk-in hours and does not have these documents, we may turn them away. Our counsel cannot properly advise a Marine or Sailor without being fully informed of the facts.

• To properly advise a Marine/Sailor on Administrative Separation, the DSO must be able to review:

• Notification of Separation Proceedings
• Acknowledgement of Rights
• Investigation (If applicable)

• If you do not want to send a copy of the investigation with the Marine/Sailor, you can email it to office:
• Okinawa OMB Email
• Hawaii OMB Email
• Iwakuni OMB Email

• Nonjudicial Punishment (NJP) in the U.S. Armed Forces is authorized by Article 15 of the UCMJ. NJP is a disciplinary measure more serious than the administrative corrective measures, but less serious than trial by court-martial. NJP provides commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in service members without the stigma of a court martial conviction.
   
• Commanders are responsible for good order and discipline in their commands. NJP is ordinarily appropriate when administrative corrective measures are inadequate due to the nature of the minor offense or the record of the service member, unless it is clear that only trial by court-martial will meet the needs of justice and discipline. Commanders considering nonjudicial punishment should consider the nature of the offense, the record of the service member, the needs for good order and discipline, and the effect of nonjudicial punishment on the service member and the service member’s record.
   
• A commander who is considering a case for disposition under Article 15 will exercise personal discretion in evaluating each case, both as to whether nonjudicial punishment is appropriate and, if so, as to the nature and amount of punishment appropriate. No superior may direct that a subordinate authority impose nonjudicial punishment in a particular case, issue regulations, orders or “guides” which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or administrative corrective measures or that predetermined kinds or amounts of punishments be imposed for certain classifications of offenses that the subordinate considers appropriate for disposition by nonjudicial punishment.

• Marines have the right to consult with military defense counsel before and after non-judicial punishment, per JAGMAN Para 0109a, unless consultation is operationally infeasible. Failure to comply with these consultation requirements is grounds for appeal.

• An accused does not have the right to an attorney for NJP.

• However, a service member who is not attached to or embarked on a vessel must be told of his right to confer with counsel regarding his decision to accept or refuse the NJP, if the record of that NJP is to be admissible in evidence against him should the accused ever be subsequently tried by court-martial. To be admissible at later courts-martial, records of NJP must be prepared in accordance with applicable service regulations and reflect that:
  • The accused was advised of his right to confer with counsel.
  • The accused either exercised his right to confer with counsel or made a knowing, intelligent and voluntary waiver thereof; and
  • The accused knowingly, intelligently and voluntarily waived his right to refuse NJP. All such waivers must be in writing.

• Double punishment prohibited. When nonjudicial punishment has been imposed for an offense, punishment may not again be imposed for the same offense under Article 15.
• Increase in punishment prohibited. Once nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise.
• Multiple punishments prohibited. When a commander determines that nonjudicial punishment is appropriate for a particular service member, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all such offenses arising from a single incident or course of conduct, shall ordinarily be considered together, and not made the basis for multiple punishments.
• Statute of limitations. Generally, NJP may not be imposed for offenses that were committed more than 2 years before the date of imposition.

• Pretrial confinement in the military is similar to the civilian system in some respects and different in others. In the civilian community, police officers arrest serious offenders and take them to jail. In military cases, service members who are “apprehended” (“arrest” has a different technical meaning in the military) are typically turned over to a member of their command. The command then decides whether to confine the member in a military jail (called a “brig” or “confinement”). The command may also impose pretrial “restrictions” instead of confinement. For instance, the service member may be restricted to his base, pending trial. Before any service member is confined or restrained, there must be “probable cause” (a reasonable belief) that the service member committed an offense triable-by courts-martial, and that confinement or restriction is necessary under the circumstances.

• In addition, any military officer can order an enlisted service member to be confined. The decision to confine a military member is the subject of several reviews. The military justice system requires that a review of the decision to confine the accused be conducted within 48 hours. Within 72 hours, the military member is entitled to have his commanding officer review whether his continued confinement is appropriate. However, if someone other than the commanding officer confined the member and the commanding officer’s review was actually conducted within 48 hours, then this commanding officer’s review can serve to satisfy both review requirements. Thereafter, a neutral and detached reviewing officer who is independent of the command must conduct another review within seven days.

• For the seven-day review before the Initial Review Officer (IRO), a service member is provided a military lawyer, at no expense, to assist him. These reviews must confirm, in writing, that

• There is probable cause to believe that the service member committed an offense triable by court-martial.
• Confinement is necessary to prevent the service member from fleeing or engaging in serious criminal misconduct; and
• Lesser forms of restraint would be inadequate.

• When charges are “referred” or presented to a court-martial, the confined service member may ask the military judge presiding over the trial to review the legality of his pretrial confinement. If rules were violated, the military judge can release the service member from pretrial confinement, and he can reduce any subsequent sentence, giving additional credit for inappropriate confinement.

• Service members do not have to post bail, continue to receive their regular military pay, and do not lose their jobs while awaiting trial.

• The DSO will assign an attorney to represent Marines during the IRO hearing, but they do not form an attorney-client relationship. Representation is limited to the hearing and is similar to the limitations associated with walk-in counseling.

• If a Marine remains in confinement following an IRO hearing, the DSO will detail counsel within ten days.

Restriction is a lesser form of restraint than confinement and may be awarded at Non-Judicial Punishment or court-martial. An accused may also be placed on restriction while awaiting trial by court-martial. Restriction is imposed upon a person by oral or written orders and limits him to specified areas of a military command. Restriction is normally defined for the person by a Restriction Order that states the length, limits, and terms of the restriction.

• Appellate leave is the authorized absence of a service member (appellant) from the physical presence of the command, in a non-pay status, pending completion of the appellate review of their court-martial conviction where a dismissal or unsuspended dishonorable or bad conduct discharge was adjudged
   
• The Navy and Marine Corps Appellate Activity (NAMALA) manages appellate leave. For more information, see their FAQ at https://www.hqmc.marines.mil/Agencies/Navy-Marine-Corps-Appellate-Leave-Activity/

• Clemency is an action by either the court-martial CA or a Clemency and Parole Board which may result in the mitigation, remission or suspension of the whole or any part of an individual’s court-martial sentence. To receive clemency from the CA, the accused may submit a request for clemency after the sentence is announced but before the CA takes final action. The accused detailed defense counsel is responsible for assisting the accused in the submission of matters in clemency.

• Pursuant to the UCMJ, Service Secretaries may also grant clemency on unexecuted portions of a court-martial sentence. Primarily the service’s Clemency and Parole Boards exercise these clemency powers. Each board consists of five senior officers and provides recommendations and advice to the respective Service Secretary. Automatic clemency review is available to an accused depending on the length of confinement awarded and the branch of service. Clemency review can be waived.