UCMJ ARTICLE 78 ACCESSORY AFTER THE FACT
UCMJ Article 78 – Accessory After the Fact: A Loyalty Misplaced Can Cost You Everything
What Is UCMJ Article 78?
UCMJ Article 78 is one of those charges that doesn’t come from doing something—you’re not being accused of committing a crime—but rather from what you did after someone else committed one. It’s a provision that criminalizes protecting, sheltering, or helping someone who’s already broken military law. It’s about knowing a UCMJ offense happened and then making a choice—whether out of fear, instinct, or misguided loyalty—to help that person avoid punishment. Maybe you didn’t report something. Maybe you deleted a message or looked the other way. In the military, those actions can be treated with the same severity as the original offense itself.
How the Government Tries to Build Article 78 Cases
The prosecution doesn’t have to prove that you were involved in the initial misconduct. They just have to prove three things: that a crime occurred under the UCMJ, that you knew it had happened, and that you intentionally helped the person avoid consequences. That “intentional” piece is what they stretch. They’ll look at texts, conversations, behavior, even your silence—and try to interpret it as deliberate interference. This makes it easy for innocent actions to be twisted into criminal conduct. Protecting a friend. Trying to defuse a situation quietly. Staying silent to avoid getting involved. These things, while common in military life, can all be reinterpreted under Article 78.
Why Article 78 Is So Dangerous
What makes this article so high-risk is that it’s often triggered by emotion—loyalty, confusion, pressure. Most service members charged under Article 78 never thought they were doing anything criminal. They were trying to help, or at least not make things worse. But in a courtroom, prosecutors are not interested in intentions based on honor or emotion—they want results, and that means convictions. And because the burden of proof is built around “what you knew” and “what you did after,” it gives them a wide net to cast. Even if you didn’t lie, even if you didn’t interfere directly, if your behavior is interpreted as protection, you can find yourself on the wrong end of a charge sheet.
Punishments You Could Face
Depending on the severity of the original offense, being found guilty under Article 78 can result in reduction in rank, forfeiture of pay, months or years of confinement, and dishonorable discharge. The impact goes far beyond the courtroom. It can permanently stain your record, cost you retirement benefits, damage your credibility, and make civilian employment difficult. You might survive the military’s punishment, but rebuilding your life afterward becomes the real sentence.
The Legal System Doesn’t Wait for You to Understand
In most Article 78 cases, service members don’t realize they’re even under suspicion until it’s too late. They’re asked questions informally. Maybe they give a statement without legal counsel. They assume they’re helping clear things up—until that statement becomes a key piece of evidence. In the military system, once your name appears on an investigator’s notes, momentum builds fast. If you don’t stop it immediately, it’s almost impossible to reverse later.
Defense Begins Before You're Charged
The best time to defend yourself in an Article 78 case is before formal charges are filed. As soon as you sense that you're being drawn into another person’s situation, you need to consult a military attorney. A qualified UCMJ lawyer can step in early, control the flow of information, protect your rights, and prevent command from misrepresenting your role. Every moment you remain passive, the prosecution gains ground.
Joseph Jordan’s Defense Strategy for Article 78
Joseph Jordan isn’t just a lawyer who dabbles in military law—his entire legal practice is dedicated to defending service members worldwide under the UCMJ. He understands how Article 78 charges evolve, how investigators think, and how command uses pressure. He builds defenses from the ground up—interviewing witnesses, reviewing message logs, analyzing time stamps, and most importantly, framing your intent in the right legal light. His goal isn’t to downplay the charge—it’s to dismantle it, one flawed assumption at a time. In a system that often values punishment over context, Joseph Jordan brings balance back into the process.
How Joseph Jordan Stands Apart
There are lawyers who give you a canned response, and then there are those who tailor every strategy to the specifics of your case. Joseph Jordan falls in the second category. He doesn’t rely on templates or “standard military defense.” He knows your future depends on the details—what was said, what wasn’t, who heard it, and when. He gets in front of the charge and stays there, keeping you informed and prepared at every stage. His clients don’t just get legal protection—they get a plan.
If You’re Being Looked At—Call Now
If you’ve been asked questions about someone else’s misconduct, if you’ve been mentioned in an investigation, or even if your command “just wants to talk,” you are already at risk. Waiting only makes it worse. The time to act is now. Call 888-984-7706 and speak directly with Joseph Jordan. As an experienced UCMJ attorney, he will help you understand your position, assert your rights, and begin defending your name before the government defines it for you. You don’t get a second chance to protect your record—make the right move now.
