The California National Guard - Always Ready, Always There
Army Trial Defense Services (TDS) Insignia 

California Army National Guard
Trial Defense Services (TDS)

California National Guard - Californians Serving Our State and Nation
     

 Welcome to the 224th JAG DET Trial Defense Service Home Page 

If you are a servicemember from Active Duty Army with a duty station in California, click here to access Fort Irwin TDS.

If you are a USAR servicemember stationed west of the Mississippi River, click here to visit Jagcnet.

The 224th JAG DET mission is primarily to assist Soldiers that are suspected of serious misconduct or military justice (i.e., criminal) wrongdoing. For general legal assistance such as civilian family law matters or OER/NCOER appeals, contact your Staff Judge Advocate Office, or please click here to Request Legal Assistance (California Army and Air National Guard Only).

If you are a servicemember from another component or state (Army, Navy, etc.), you can find your local Legal Assistance Office here:  U.S. Armed Forces Legal Assistance Office

Note:  You will need to read the Introduction below before submitting your request for counsel.

The CA ARNG TDS provides defense counsel services to California Army National Guard Soldiers.  The 629th JAG DET provides defense counsel services to Army National Guard Soldiers assigned to units in Arizona, Guam and Hawaii.

Units requesting counsel are asked to complete and submit the following form, which will be automatically emailed to the 224TH JAG DET Senior Defense Counsel (SDC) and full time paralegal staff.  If successfully submitted, you will receive an immediate confirmation.   Please complete the form as fully as possible.

Soldiers requesting counsel may use the same form, completing as much of the form as possible.  Soldiers SHOULD NOT include any incriminating information on this form.  Do not disclose confidential or secret factual matters pertaining to your case in this email.  This request form does not create an attorney-client relationship. 

Privacy information:  Disclosure is voluntary but failure to provide all information may affect the ability to provide services or timely route the request.  Please provide as much information as you can about you and your case.  All case information provided is considered work product and is not subject to discovery and disclosure. Your information will not be disclosed outside the  224th JAG DET and 629th JAG DET legal offices.  Providing multiple avenues of contact is strongly recommended.

How does the CA ARNG TDS Online Request for Counsel Form Work?
After you submit the online form, defense counsel or a full time paralegal will contact you.  Your information will be held in the strictest confidence.  If a CNG paralegal contacts you, please be aware that they are tasked with gathering additional information regarding your TDS case.  224th JAG DET paralegals are not lawyers and cannot give legal advice.

IMPORTANT: If you have not heard from defense counsel within 72 hours, please resubmit the matter or call the TDS HQ office in Sacramento at (916) 854-3496.  A technical problem may have prevented your request from being processed.  TDS paralegal personnel are not authorized to assign defense counsel but under the circumstances described above will assist Soldiers in processing requests for counsel.

Legal Advisory Notice
The information displayed on this website is meant for the sole use of Army National Guard Servicemembers in Arizona, California, Hawaii and Guam.  The information is general in nature and presented to assist those eligible persons for consultation or representation from defense counsel assigned to the 224th JAG DET or 629th JAG DET.  Rights and responsibilities vary widely according to the particular set of circumstances in each case.  Laws can vary across states, services, and civilian jurisdictions, and laws are changed from time to time.  This web site and all links have been produced for general informational purposes only and do not create an attorney-client relationship. It should not be used as a substitute for specific legal advice from an attorney.

Right to Counsel Fact Sheet
Initially prepared by The United States Army Trial Defense Service. Modified by the 154th Legal Support Organization and later adopted by the 224th JAG DET AND 629th JAG DET.
 
1. This fact sheet presents information about your right to an attorney. If you are suspected of committing a crime (for example, apprehended by the police or called into your commander's office) or anyone reads you your rights, this fact sheet applies to you and you should know about your rights to an attorney.
 
2. THE BASIC RULE: DON'T SPEAK TO ANYONE WITHOUT YOUR ATTORNEY PRESENT! The Constitution and Military Rules of Evidence guarantee suspects the right not to be questioned by police and military authorities without an attorney. This right helps to ensure, in essence, that you do not become the prosecutor's key witness at your own court-martial or Article 15 hearing. You are entitled to be assisted by a military defense counsel at no cost to you or you may retain civilian attorney at no expense to the government.
 
3. WHAT TO DO IF YOU ARE QUESTIONED: If you are read your rights and questioned, you should give your questioner (perhaps the police, your supervisor, someone in your chain of command) your name and unit and show them your ID card. You should then inform them that you do not wish to talk to them without an attorney. When you do this, all questioning must stop. If questioning does not stop, continue to remain silent. Do not lose your cool or otherwise be tricked into saying anything to anyone.
 
4. WHAT TO EXPECT: Once you ask for an attorney, most police and military officials will immediately stop asking you questions. Some may, however, encourage you to talk to them alone. They may tell you, for example, that only guilty people ask for a lawyer, which is simply not true. Remember, the person questioning you are trying to get information and believes you are guilty. Do not be fooled. Continue to ask for an attorney and do not answer questions.
 
5. WHEN YOU EXERCISE YOUR RIGHTS: When you tell your questioner that you do not want to talk to them without an attorney, all questioning must stop. Speak to an attorney as soon as possible. Usually an attorney at your local Trial Defense Service Office is readily available at no cost to you to discuss the matter under investigation with you in complete confidence. You can then decide whether it is in your best interest to make a statement. Your attorney will ensure you are interviewed fairly and will read any written statement you make to be sure it is accurate. If a military defense attorney cannot be reached, continue to remain silent. Ask the police to contact someone from your unit. If you are released to your unit, do not discuss your case with anyone - this includes police, social workers, psychiatrists, chaplains, anyone in your chain-of-command, your co-workers, friends, roommates, girl or boyfriends, and even your spouse.
 
6. WHEN YOU ARE ENTITLED TO AN ATTORNEY: You are entitled to a military defense attorney

(1) When you are suspected of a crime
Your attorney will discuss your rights as a suspect, including your right to have your attorney present for questioning, lineups, and writing and voice samples.

(2) When anyone reads you your rights
Your attorney will discuss your rights as a suspect and the charges against you.

(3) When anyone reads you an Article 15
Your attorney will advise you regarding the charges against you, possible defenses, and your rights during Article 15 proceedings.

(4) When charges are preferred against you
Your attorney will represent you at all stages of the criminal proceedings, including the Article 32 hearing and at all court hearings.

(5) When you are being administratively separated (chaptered) out of the National Guard Your attorney will consult with you regarding ways to challenge the chapter and will represent you at an Administrative Separation Board if you are entitled to one. 

Click here to submit a Request for Counsel