What is the Defense Services Organization (DSO)?
The DSO is a global military criminal defense law firm comprised of more than 100 Marine Judge Advocates and Legal Service Support Staff who are passionate about defending Marines and Sailors at courts-martial, boards of inquiry, and administrative separation boards. Our offices are responsible for zealously advocating on behalf of clients accused of crimes or facing adverse administrative actions in the Western Region.
Who is eligible for services?
Active duty servicemembers and Reservists on orders. We cannot advise civilians.
What types of legal issues does the DSO advise on?
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 and proposed Pre-Preferral Agreements
- 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.
Does the DSO advise on traffic tickets?
No, the DSO does not advise on traffic tickets. For matters involving traffic tickets find advice at your local Base Magistrate.
Can the DSO advise on Foreign Criminal Offenses?
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.
What are my legal rights if I am suspected of a military crime?
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 but very important.
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 law enforcement 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 law enforcement 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 attempt to get authorization from your CO (like a civilian warrant).
During an interview, law enforcement officers are permitted to lie to you and to embellish the facts to get you to incriminate yourself. This means that they can say your accomplice confessed when he did not, that they have your DNA on items of evidence 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.
How do I speak with an attorney?
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.
What are “walk-in hours” and “walk-in counselings?”
Walk-in hours are specific days and times 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.
Can I make an appointment?
Our office only permits appointments for pre-existing clients assigned to an attorney or in exceptional cases. If you have not been assigned a defense attorney, you must attend walk-in hours to speak with an attorney.
Can I ask my legal question over the phone?
It is DSO policy that legal advice may not be given over the telephone without prior coordination to a prospective defense client or through third parties calling on behalf of the prospective client.
When are walk-in hours?
CPEN Area 22 Bldg 22163;
- Mondays and Wednesday 1245-1330, must arrive NLT 1245 and line up outside the door
- Tuesdays and Thursdays 0800-0830, must arrive NLT 0800; RDCW - MCB Camp Pendleton
MCAGCC 29 Palms Bldg 1428;
MCAS Miramar Bldg 2244;
MCAS Yuma Bldg 852;
What happens during walk-in hours?
During walk-in hours, you'll complete intake forms, we'll review them along with your legal documents, and you'll speak with an attorney.
Are walk-in consultations confidential?
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 without your consent or three very narrow exceptions.
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. Generally, we recommend not talking to anyone about your case, at least until after you have had the opportunity to speak with a lawyer who can fully explain the pros/cons of that action.
We do not reveal whether a service member is currently talking to a lawyer or has talked to a lawyer in the past.
What should I bring to walk-in hours?
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 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 on your behalf with your permission. Without these required materials, the DSO may determine the individual cannot be adequately counseled.
What kind of advice can I receive during walk-in consultations?
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 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.
What is the difference between walk-in hours and having an attorney assigned to me?
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 or take specific action on your situation – think of walk-in counseling as informational so you can make an fully-informed decision. If you have an attorney detailed to you, that attorney is assigned to you and will represent you throughout your legal matter, meaning they can file things on your behalf, speak to witnesses, conduct an investigation, appear with you in court, and more.
Does speaking with an attorney during walk-in hours mean that attorney now represents me? Does it mean I am now a client of the office?
No. Attending walk-in hours does not make you a client. The attorney you speak with is not your detailed military counsel.
How do I receive my own 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
- Officers 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
- Enlisted 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.
- Case-by-Case Determinations
- If you believe you need detailed counsel, you can request one during your walk-in counseling. The attorney will speak with their supervisory counsel and a decision will be made on whether an attorney can be detailed or not.
How can I ask general questions?
RDCW - MCB Camp Pendleton: (760) 763-2087
RDCW - MCAGCC 29 Palms: (760) 830-5271
RDCW - MCAS Miramar: (858) 307-6340
RDCW - MCAS Yuma: (928) 269-3480