COURTS-MARTIAL Military Criminal Lawyers

Courts-Martial Military Criminal Lawyers

If you are in the military and facing criminal charges, you need an experienced military criminal defense lawyer. Courts-martial are the military equivalent of a criminal trial. The stakes are high if you are convicted – you could face jail time, loss of benefits, discharge, etc. Let’s take a look at what you need to know about the military justice system and how a military lawyer can help.

The Military Justice System

The military has its own justice system separate from civilian courts. This is laid out in the Uniform Code of Military Justice (UCMJ). The UCMJ details all the crimes and punishments in the military. Some of the unique military offenses include AWOL, desertion, failure to obey orders, etc. But service members can also be charged with “regular” crimes like assault, theft, sexual assault, murder, etc.

If you are accused of a crime under the UCMJ, you could potentially face a court-martial. This is a criminal trial prosecuted by military lawyers known as Judge Advocates General (JAGs). There are three types of courts-martial:

• Summary Court-Martial – for minor misconduct, no jail time
• Special Court-Martial – misdemeanors, max 1 year jail
• General Court-Martial – felonies, unlimited jail time

As you can see, a general court-martial is no joke. You need an experienced military defense lawyer on your side. The prosecution will be handled by military lawyers (JAGs) so you want someone who understands the military justice system.

Getting the Right Military Lawyer

If you are facing a court-martial, the military will assign you a defense lawyer free of charge. This appointed military lawyer is better than nothing. But often they are overworked and lack trial experience. Their job is not solely to defend you – they must also maintain good relations with the military. This can create a conflict of interest.

That’s why it’s important to hire your own civilian military defense lawyer. They don’t have split loyalties and can focus 100% on your defense. Look for these qualifications:

• Former military JAG lawyer
• Extensive court-martial trial experience
• High success record
• Strong reputation in military law

A top-notch military lawyer will be your strongest asset in getting the best possible outcome. Don’t leave your fate to an inexperienced JAG – hire a seasoned pro.

Building Your Defense Strategy

An experienced military defense lawyer will carefully examine the evidence and build the strongest defense strategy. Some of the most common strategies include:

• Unlawful Command Influence – arguing your commander unfairly influenced the case
• Motion to Suppress – evidence was obtained illegally
• Motion to Dismiss – the charges are invalid or unjustified
• Jury Nullification – the jury returns a “not guilty” verdict despite evidence

A skilled lawyer knows how to craft the right defense based on the specifics of your case. Having an inside understanding of military law gives them an advantage. They can also negotiate with the prosecution for reduced charges or sentencing.

Understanding Possible Outcomes

If convicted at a general court-martial, you could face serious penalties like:

• Prison time
• Dishonorable discharge
• Loss of pay and benefits
• Sex offender registration

But your lawyer’s job is to avoid the worst outcomes. Depending on the case, they may be able to get charges reduced or dismissed. Or if found guilty, they can advocate for lighter sentencing. This is why skilled negotiation by your lawyer is so important.

Protecting Your Rights

Facing a court-martial can feel intimidating. But it’s crucial to remember you have rights under the UCMJ. A military lawyer will ensure your rights are protected, including:

• Right to remain silent
• Presumption of innocence
• Right to see evidence against you
• Right to cross-examine witnesses

Don’t let the military justice system take advantage of you. Insist on having a top military defense lawyer on your side. They will aggressively defend your rights every step of the way.

Takeaways

Here are the key takeaways about military criminal lawyers and courts-martial cases:

• Courts-martial are criminal trials prosecuted under the UCMJ
• You need an experienced military defense lawyer
• A private civilian lawyer is best, not an appointed JAG
• Skilled lawyers know how to build the best defense
• They can also negotiate reduced charges/sentencing
• Avoiding worst outcomes should be the goal
• Your rights must be strongly defended

Don’t go through a court-martial alone. The consequences are too high. Hire the best military criminal defense lawyer you can afford. It will be your wisest investment in protecting your future.