Military Law

Military Defense Lawyer in Israel | Advice and Representation in MPCID Investigations

Adv. Emanuel Trach is a military defense lawyer with 15 years of experience in military criminal law. He provides professional advice and representation to soldiers, officers, NCOs, reservists and civilian employees of the IDF. His practice covers all aspects of military criminal and disciplinary law, and he builds each legal strategy around the specific client and case.

Legal services provided by Adv. Emanuel Trach as a military defense lawyer

• Legal advice in MPCID investigations. Advice during investigations by the Military Police Criminal Investigation Division (MPCID) for any offense under the Military Justice Law or the Penal Law. The practice has particular experience with drug offenses, sex offenses, theft, unlawful use of weapons, removing weapons from military custody, suspected sexual harassment, suspected indecent acts, causing injury, forgery and obtaining something by deception. As part of the advice, the client is given the basic tools for coping with an MPCID investigation: an explanation of the right to consult a lawyer, the right to silence and the privilege against self-incrimination, and when and how to use them. The client is also given the tools to shorten the time spent in investigation, and to make sure his words are recorded accurately and reflect the facts.
• Defense in the military court after an indictment is filed. Representation at indictment readings, adjournment hearings, evidentiary hearings and sentencing arguments, and in special proceedings such as requests to review investigation material, petitions to disclose privileged evidence, requests for a publication ban, requests to disqualify a judge, requests for acquittal following cancellation of an indictment, asset forfeiture requests, requests to review the court file, requests to stay execution of a sentence, requests for extensions and more.
• Representation in pre-indictment hearings, including hearings under Section 60A of the Military Justice Law, aimed at preventing an indictment. The lawyer receives the investigation material, analyzes it, and presents to the prosecuting authority all the reasons why an indictment should not be filed. A hearing is mandatory only for felony-level offenses, but an experienced criminal lawyer can obtain a hearing as a matter of grace in misdemeanor cases too. A professional hearing can prevent a long and complex legal process.
• Negotiations with the military prosecution aimed at cancelling an indictment or reaching a lenient plea arrangement. Adv. Trach meets regularly with the prosecuting authorities (police prosecution or State Attorney’s Office) in criminal cases to persuade them to cancel the indictment or, if that is not possible, to agree to a lenient plea arrangement.
• Representation of defendants in criminal cases. Soldiers, NCOs and officers charged in military courts with offenses under the Military Justice Law or the Penal Law. Adv. Trach also represents military prisoners before the One-Third Committees and the Sentence Review Committee of the military court on early release from prison, and represents clients in criminal mediation proceedings held in the military courts, which aim to bring the parties closer to an agreed plea arrangement.
• Advice and representation in detention and release proceedings before the military court, for soldiers, officers, NCOs and IDF civilian employees. This includes requests for remand during an investigation, and requests for detention until the end of proceedings after an indictment has been filed.
• Representation in appeals against sentences in the military court.
• Legal advice in criminal investigations by the Ministry of Defense (MALMAB) and other complex investigations, including investigation drills and polygraph tests.
• Advice and representation in security clearance proceedings: soldiers, officers, NCOs and IDF civilian employees facing security clearance proceedings, security investigations (tahkir), and security suitability for classified positions in the IDF and the defense establishment.

What clients can expect

• Long experience in the military system: 15 years of work before MPCID and the military prosecution.
• Full discretion and privacy: all legal advice and representation is covered by attorney-client privilege.

Adv. Emanuel Trach accompanies clients with dedication and sensitivity, with an emphasis on professional handling of each case.

Frequently asked questions: military law

What should I do if I am summoned for an MPCID investigation?

The first thing is to get legal advice before the investigation. We explain your rights (the right to consult a lawyer, the right to silence and the privilege against self-incrimination), and when and how to use them. We also prepare you so that you can shorten the time spent in the investigation, while making sure your statements are recorded accurately and reflect the facts.

Is it worth having a hearing before an indictment is filed?

Yes. It is not just worthwhile, it is essential. The hearing is your opportunity to present your arguments to the prosecution and prevent an indictment. A hearing is mandatory only for felonies, but our office knows how to argue for and obtain a hearing as a matter of grace in misdemeanor cases too, which can prevent a long and complex legal process.

What is the difference between a hearing and plea negotiations?

A hearing is a formal process held before an indictment is filed. We receive the investigation material, analyze it and present to the prosecution the reasons why an indictment should not be filed. Negotiations take place after or alongside the process: we meet regularly with the prosecuting authorities to cancel the indictment or to reach a lenient plea arrangement.

Can I be released from military detention?

Yes. We represent soldiers, officers, NCOs and IDF civilian employees in release and detention-alternative proceedings in the military courts. In the military courts, unlike the civilian courts, release to house arrest is not available; the alternative to detention is release to detention at the unit.

Our office represents detainees in remand requests (the initial detention for investigation purposes) and in requests for detention until the end of proceedings (after an indictment has been filed). At that stage the investigation is complete, so the material can be obtained and argued from. Each case is examined on its merits, and we work to secure your release.

Who can be represented by a military defense lawyer?

We represent soldiers, officers, NCOs, reservists and IDF civilian employees. Representation covers all aspects of military criminal law, from an MPCID investigation through hearings and up to a full trial in the military court.

Which offenses do you handle?

We represent in any offense under the Military Justice Law or the Penal Law. We have particular experience with drug offenses, sex offenses, theft, unlawful use of weapons, removing weapons from military custody, sexual harassment, indecent acts, causing injury, forgery and obtaining something by deception.

What happens after an indictment is filed against me?

Our office accompanies you through every stage of the legal process: indictment readings, adjournment hearings, evidentiary hearings, sentencing arguments, and special proceedings such as a request to review investigation material, a petition to disclose privileged evidence, a request for a publication ban, a request to disqualify a judge and more. We fight for you at every stage.

Can a sentence be appealed?

Yes. We represent defendants in appeals against sentences in the military court. If you believe the sentence is unjust or the punishment is disproportionate, we are here.

What is the One-Third Committee process?

It is a process for military prisoners seeking early release from prison. Our office represents military prisoners before the One-Third Committees and before the Sentence Review Committee of the military court, and works to secure their early release.

Is there criminal mediation in the military courts?

Yes, and we represent clients in the criminal mediation proceedings held in the military courts. The purpose of mediation is to bring the parties closer and reach an agreed plea arrangement.

Is the information I share with you confidential?

Yes. All of our legal advice and representation is covered by attorney-client privilege. We maintain full discretion and privacy.

What should I do if I am summoned for a MALMAB investigation?

MALMAB (Ministry of Defense) investigations are complex criminal investigations. Our office provides legal advice for these investigations, including preparation for investigation drills and polygraph tests. Here too, it is important to get legal advice before the investigation.

Do you also handle security clearance matters?

Yes. We advise and represent soldiers, officers, NCOs and IDF civilian employees in security clearance proceedings, security investigations, and security suitability for classified positions in the IDF and the defense establishment.

Contact details

• Phone and WhatsApp: 055-2550011 (from abroad: +972-55-255-0011)
• Office: Yigal Alon 94, Alon Towers 2, Floor 4, Tel Aviv
• Email: Emanuel@Trach-law.co.il