{"id":573455094,"date":"2026-06-03T21:19:05","date_gmt":"2026-06-03T21:19:05","guid":{"rendered":"https:\/\/www.gapasinlaw.com\/testifying-in-earlier-hearings-can-be-risky"},"modified":"2026-06-03T21:19:05","modified_gmt":"2026-06-03T21:19:05","slug":"testifying-in-earlier-hearings-can-be-risky","status":"publish","type":"post","link":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/?p=573455094","title":{"rendered":"Testifying In Earlier Hearings Can Be Risky"},"content":{"rendered":"<h1><a href=\"https:\/\/gapasinlaw.espresso.themodernfirm.com\/testifying-in-earlier-hearings-can-be-risky\">Testifying In Earlier Hearings Can Be Risky<\/a><\/h1>\n<p class=\"meta\">Posted by <a href=\"https:\/\/gapasinlaw.espresso.themodernfirm.com\/our-attorneys\/ernesto-g-gapasin\">Ernesto Gapasin<\/a> | <span class=\"dateIco\">Feb 22, 2023<\/span> | <span class=\"commentsIco\">0 Comments<\/span><\/p>\n<div class=\"entry\">\n<div class=\"wysiwyg_container\">\n<p>You may be the subject of a pending military investigation. &nbsp;When you are, we know that life seems to come to a standstill. &nbsp;You can&#8217;t get promoted, you can&#8217;t ETS, and you can&#8217;t move on to your next duty assignment. &nbsp;What makes things even worse is when you are facing other legal issues in State Court. &nbsp;I frequently have clients who are dealing with other legal issues outside of the pending military investigation. &nbsp;Usually, these clients are dealing with the possible issuance of a Restraining Order filed by a spouse, ex-spouse or girlfriend. &nbsp;Another common legal issue facing clients during a pending military investigation involve child custody issues. &nbsp;For both of these issues, it&#8217;s only natural for the client to want to take the stand in State Court and defend themselves. &nbsp;They want to prevent a Restraining Order from appearing on their record, or they want to be able to see their kids. &nbsp;However, it can be risky to give testimony in a State Court proceeding before the military investigation is complete. &nbsp;The testimony that you give may be that statement or include those admissions that result in the military deciding to move forward with prosecuting your case. &nbsp;JAG can get copies of the transcripts or the audio recording of the hearing and use your statements as the basis for preferring charges against you.<\/p>\n<p>Before testifying in State Court, you need to speak with your court-martial lawyer to help you weigh the pros and cons of testifying in the first place, and whether or not it could lead to preferred charges in a court-martial.<\/p>\n<\/div><\/div>\n","protected":false},"excerpt":{"rendered":"<p>Testifying In Earlier Hearings Can Be Risky Posted by Ernesto Gapasin | Feb 22, 2023 | 0 Comments You may be the subject of a pending military investigation. &nbsp;When you are, we know that life seems to come to a standstill. &nbsp;You can&#8217;t get promoted, you can&#8217;t ETS, and you can&#8217;t move on to you<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-573455094","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/573455094","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=573455094"}],"version-history":[{"count":0,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/573455094\/revisions"}],"wp:attachment":[{"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=573455094"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=573455094"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/gapasinlaw.espresso.themodernfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=573455094"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}