military lawyer Archives | Military Trial Defenders

Legal Support During a Court-Martial Defense

December 15, 2016 by Olivia

Civilian Law Versus Military Law

When citizens of the United States commit infractions that violate civilian law, they are responsible for absorbing the consequences of their actions. This may mean paying a fine, participating in service work, or spending time in a detention facility, but lower level infractions do not always necessitate a civilian criminal trial. Depending on the details of the case, charges may be dismissed before they make it to court, and depending on the severity of the charges, pre-trial hearings may be sufficient for determining punishments. Most of the time, of course, these trials go to court, and defendants often seek out a civilian defense attorney to ensure a solid defense.

A court-martial defense is slightly more complicated. Members of the United States Military operate under a unique justice system called the Uniform Code of Military Justice (UCMJ), and the UCMJ includes important tenets that hold military members to a strict set of standards. Cases that deal with infractions of military code can sometimes mimic the general structure of a civilian case, with some cases being dealt with outside of a trial. If a military member is accused of violating the Uniform Code of Military Justice, the Commander may choose to deal with the infraction with “administrative” disciplinary action in which the accused must atone for his or her crime.

Court-Martial Trials

In cases of more serious crimes, however, the Commander will likely decide to take the case to court (known as a court-martial). In this case, the defendant will need to present a court-martial defense. There are three main types of court-martial: summary courts-martial, special courts-martial, and general courts-martial.

A summary court-martial is only used for enlisted members of the military who are accused of committing non-capital crimes. A special court-martial deals generally with misdemeanor crimes regardless of the rank of the defendant. Thirdly, a general court martial deals with felonies and will try military members of all ranks. These various types of courts-martial have different standards for court-martial defense and different types of punishment associated with them, but they all serve to enforce the UCMJ.

A Court-Martial Defense Team

If you are facing a court-martial, you are likely feeling overwhelmed and in need of support. As previous members of the military and passionate students of Uniform Code of Military Justice, the attorneys at Military Trial Defenders are dedicated to serving members of the United States Military during times of confusion and duress. We offer court-martial defense services for all serious crimes including war crimes, various types of assault, murder, theft, and drug abuse. The military justice system can be complex, and we work to establish trust with our clients so they can feel a sense of calm and confidence during the court-martial process. Contact us today.

Why Hire a Civilian Military Defense Lawyer

November 29, 2016 by Olivia

As a service member, if adverse action is brought against you, you have the right to one military attorney at no cost to you. In other words, one JAG officer will be appointed to represent you. You have the option, however, to hire a civilian military defense lawyer. If faced with legal action, you might wonder, why would I hire a military defense lawyer when the military is already giving me a lawyer for free?

Experience

Often, the appointed military lawyer is fresh out of law school and has very little experience under his or her belt. You should ask this attorney about how long they’ve been a JAG, how long they’ve been a defense attorney, how many jury trials have they done, and how many cases similar to yours have they litigated. If the numbers aren’t substantial, consider whether you might rather hire someone with more knowledge and litigation experience. While many military attorneys are extremely competent and skilled, many others are overworked or inexperienced. It’s important to be sure that you are comfortable with whoever you choose to represent you. Be sure that you are a priority and they they have the resources to dedicate to your case.

Restrictions

Military lawyers are subject to the military bureaucracy. That being said, they might be motivated or swayed by rank, a chain of command, or a supervisory chain of responsibility. These lawyers are often motivated by their next promotion or evaluation report. Military assigned counsel must often operate within restraints on representation by their chain of command. This includes things like limitations on approaching members of the press. On the contrary, a civilian military defense lawyer is motivated by securing the best possible result for the client and they do not face the same kind of restrictions. Defending you is our first and only priority.

Choice

When you are appointed a lawyer, you get who you get. No consideration is given to personality, skill specialty, experience, or time. If you decide to hire a civilian military defense lawyer, you personally can choose someone that you and your family are comfortable with. It’s important to have an attorney who will communicate with you throughout the whole process and keep you up to speed. You should have the freedom to choose someone who makes you feel comfortable and included.

If you should decide that hiring a military defense lawyer is the best option for you, contact Military Trial Defenders. Lance and Christopher are experienced military defense lawyers who are passionate about providing the best possible military trial defense services to military members worldwide.

Understanding the Most Common UCMJ Articles

November 22, 2016 by Olivia

The UCMJ (Uniform Code of Military Justice) is a federal law enacted by Congress. It serves as the foundation of military law in the United States. Article 1, section 8 of the US Constitution states that Congress shall have the power to make rules and regulations regarding the land and naval forces, thus we have the UCMJ.

The Law requires the President to implement the provisions of the UCMJ as Commander-in-Chief. The President does this through an executive order called the “Manual for Court Martial”, or the MCM.

Article 15

One of the most frequently acknowledged articles of the UCMJ articles is Article 15. Under this article, commanders have the right to exercise non-judicial punishment. This is common in situations where a member commits minor breaches of discipline. The soldier has the option to accept the Article 15 or turn it down and demand trial by court-martial. An Article 15 hearing is comparable to a misdemeanor court, and a trial by court-martial is more comparable to a felony court. Article 15s can, however, affect a soldier’s future. A commander can choose where to file the Article 15, and if filed in the soldier’s official records, it may affect promotions, clearances, and special assignments.

Punitive Articles

UCMJ Articles 77-134 are called the “punitive articles”. These articles lay out specific offenses which can result in punishment by court-martial. Some of these offenses include stealing property, unlawful entry, wearing unauthorized insignia, disorderly conduct, etc. Chapter 4 of the MCM expands on the punitive articles.

The many offenses listed in the punitive articles can seem overwhelming at first glance. Thus, the MCM separates the punitive articles into these six parts: the text, elements of the offense, an explanation, lesser included offenses, maximum permissible punishments, and sample specifications. This section is written in a way that makes the offenses and penalties simple to understand.

Article 31

Article 31 of the UCMJ defines rights belonging to anyone who has been accused. These include the right to remain silent, the right to be told what you are being accused of, and the right to know that any statements you make will be used against you. The Constitution provides the right to an attorney though it is not specified in Article 31.

Contact an Attorney

If you find yourself faced with an Article 15 or another accusation in relation to the UCMJ articles, contact an attorney who is specifically equipped to defend soldiers. Military Trial Defenders is well-versed in all aspects of military law and we’re prepared to assist you however you may need. We bring a team approach to the military justice system and are experienced in military litigation. Contact our attorneys today.

What to Look for in a Civilian Military Attorney

November 21, 2016 by Olivia

So you’ve found yourself in a legal predicament and you’ve decided to hire a civilian military attorney. You have several options and you need to decide quickly on who you’d like to hire to represent you. Be sure to ask the right questions so that you can rest comfortably with your decision. Here are five things to look for when hiring a civilian military attorney.

Experienced

Make sure this is not the attorney’s first rodeo. Choose an attorney who has defended many other people in situations similar to yours. In fact, it’s also a great idea to hire an attorney who has served a good number of years active duty as a JAG officer. This way, you can be sure the attorney is well-versed and knowledgeable about both sides of the military justice system. This also ensures that the attorney has an understanding and respect for your career as a service member.

The majority of courts-martial are resolved by plea agreements. Make sure that your attorney has actually litigated military cases rather than just negotiated a plea or administrative separation agreement.

Successful

It’s a no-brainer to choose an experienced civilian military attorney. However, just because they have done it before doesn’t necessarily mean they have done it well. Look into whether or not the attorney has been successful in cases that closely resemble yours. Are previous clients satisfied with their representation?

Current

It’s important to choose a civilian military attorney who has not only been in the game for a good while, but also someone who has been successful recently. Your attorney should be working on a regular basis and up-to-date with current practices. Choose someone who works with cases like yours on a day-to-day basis.

Reliable

You’ll feel most comfortable and work best with an attorney that you consider reliable. From the very first contact, does this attorney return your emails? Is he or she consistent in returning calls and answering questions? Does he or she make time to meet with you? If something happened concerning your case and you needed to reach your attorney as soon as possible, are you confident that your attorney would make it a priority to speak with you at their earliest convenience?

Trustworthy

You should also feel comfortable speaking with your attorney about any personal details that might concern your case. If your attorney discusses other clients’ personal information freely or doesn’t explicitly inform you that your information will be confidential, they probably are not the most trustworthy attorney. You need to be confident that anything you share with your attorney will not go to anyone else without your permission.

Affordable

And of course, choose an attorney who is not going to completely break your bank. You should be able to move past this legal bump in the road without your family having to sacrifice because the attorney charged so much money for representation. Do your research and be sure that your attorney is charging a fair amount for the work they are doing.

It’s also good to be sure you are not paying too little. A competent civilian military attorney will be confident enough in their work to charge a competent fee.

If you’re ready to begin the search for a good military civilian lawyer, we are confident you won’t need to look further than Military Trial Defenders. We are experienced, successful, reliable, trustworthy, and affordable. Contact us today to touch base with an attorney.

Article 31 Rights vs. Miranda Warnings

November 16, 2016 by Olivia

The UCMJ is a long and seemingly complicated document. Thankfully, most soldiers do not need a deep understanding of every article. However, Article 31 is a specific section that every service member could benefit from understanding. This Article highlights many of the defining features of the American trial system set in a military format and includes what are called the Article 31 rights. Article 31 contains many of the same provisions as the civilian Miranda warnings, however, there are a few significant distinctions worth noting.

Article 31 Rights

Comparable to the Miranda warnings, Article 31 specifies the rights of an accused military member. Some of these rights include the right to know what one is being accused of, the right to remain silent, the right to submit only evidence that is relevant to the accusation, and the right not to have unlawfully obtained evidence used against one in court.

Article 31 rights protect soldiers from being tried unfairly and it continues the American fair-trial spirit to the military court system. Interestingly enough, Article 31 predates the Miranda rule by over a decade. That being said, both have the same goal: protecting the rights of the accused and encouraging a fair trial.

One difference between the the two is that the Miranda rule applies specifically to civilians who are being held in custody. If the suspect is not being held, the law enforcement officer does not have to read them their Miranda rights. In contrast, the UCMJ requires that anyone subject to the UCMJ, regardless of if they’re a law enforcement officer, must inform the military suspect of his or her Article 31 rights. This is regardless of whether or not the suspect is in custody. This means that a service member would likely be read her Article 31 rights way before she would be read her Miranda rights if she was a civilian.

Article 32 Hearings

The military system is also different at trial. The civilian pretrial hearing is referred to as a grand jury hearing, and the military pretrial hearing is referred to as an Article 32 hearing. Both military and civilian systems include pretrial hearings. However, in an Article 32 military hearing, the accused is able to, through her attorney, request witnesses and question them herself. Also, in an Article 32 hearing, the government is required to present all relevant evidence against the accused. In a grand jury hearing, the accuser does not have to present every piece of evidence.

The military and civilian justice systems differ in several ways, but both have similar rights provided to the accused to promote a fair trial. If you find yourself or someone close to you in legal situation and need assistance, contact Military Trial Defenders. We have the military knowledge and expertise to defend your career, your rights, and your freedom.