Trial Defense Service

The mission of the Massachusetts Army National Guard Trial Defense Service is to provide specified defense counsel services at no cost for Army personnel, whenever required by law or regulation and authorized by The Judge Advocate General (TJAG) or TJAG’s designee.

TDS operates within its own distinct chain of command which is separate from that of local Army installations to ensure that soldiers receive the best possible representation.  Trial defense counsel represent soldiers in court-martial, administrative reduction and separation boards, as well as physical eligibility boards.

Defense counsel also consults with soldiers who are suspected of offenses and those facing non-judicial punishment or adverse administrative actions.

To provide defense legal services to Massachusetts Army National Guard Soldiers who are 1) Title 32 –AGR; 2) Title 32 – SA; 3) Title 32- ADOS; and 4) MDAY or as authorized by The Judge Advocate General.

The TDS mission is to provide a full-range of defense legal services to Soldiers serving in numerous commands worldwide. These services include:

Representing Soldiers charged with military criminal offenses at trial;

Representing Soldiers during criminal investigations and before elimination or grade reduction boards;

Counseling Soldiers regarding pretrial restraint, non-judicial punishment, and various adverse administrative actions taken pursuant to military regulations.

The MANG TDS team provides defense counsel services on a level of priority basis dependent upon the nature of the issue.  There are there levels of priority :

Priority 1 – General Courts Martial (GCM) representation; Special Courts Martial (SCM) representation; Article 32 matters and pre-trial confinement.

Priority 2 – Article 15, UCMJ or State Military Code equivalent; Summary Courts Martial (SCM); Involuntary Enlisted Separations per AR 125-178; Reduction Boards for misconduct; Officer Eliminations / Resignations and AGR Separations.

Priority 3 – AR 15-6 Investigations; CID investigations; Commander’s Inquiry; IG investigations and Suspect Rights Matters.

***Note:

We do not represent Army National Guard Soldiers who are in a Title 10 status.  ARNG who are in a Title 10- status must contact USA TDS for consultation and representation.  We also do not represent dual status federal technicians facing adverse actions that occurred in a technician status.  We do not represent USAR, Active Component Solider or service members from other services.

When being questioned by your chain of command, CID or Military Police Agents.

YOU HAVE THE RIGHT:

  • To be told what criminal act you are suspected or accused of doing.
  • To be told you have the right to remain silent.
  • To be told any statements (oral or written) can and will be used against you.

The only statement you should make is the following:

"I do not waive my right to silence.  I want an attorney.  I want to leave"

If they wish to make a search without a Command Search Authorization or Search Warrant, say:

"I do not consent to any searches."

Contact Information

Massachusetts National Guard
685th Trial Defense Service
2 Randolph Road, Hanscom AFB, MA 01731

MAJ James Downey
Senior Defense Counsel

SSG Michael Holmes
Paralegal NCOIC

Telephone:
339-202-3097

 

Governor
Charlie Baker

Governor of Massachusetts

Major General
Gary Keefe

The Adjutant General

Command Sergeant Major
Carlos Ramos Rivera

State Command Sergeant Major

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