Hawaii Military Criminal Lawyers

Hawaii Military Criminal Lawyers: Defending Service Members Against UCMJ Charges

Military service members in Hawaii face unique challenges when accused of crimes under the Uniform Code of Military Justice (UCMJ). The military has its own justice system, rules, and severe punishments. Hiring an experienced Hawaii military criminal defense lawyer is critical.

This article provides an overview of military criminal law in Hawaii, common UCMJ violations, and how a dedicated defense attorney can help. It is written in a conversational tone using simple words a high school student would understand.

Overview of Military Justice System

The military justice system functions separately from civilian courts. The Uniform Code of Military Justice (UCMJ) outlines crimes and procedures. Some key things to know:

• Commanders initiate charges, not prosecutors
• Punishments include demotions, pay forfeiture, discharge, and confinement
• Service members face courts-martial, not jury trials
• Specialized military rules of evidence and procedure apply

The military has jurisdiction over active duty personnel. Reservists and National Guard members are also subject to the UCMJ when in federal service. Veterans and dependents are not under military jurisdiction.

Why Hire a Military Lawyer in Hawaii?

Military criminal cases are complex. The consequences are severe. You need an experienced attorney. Here are key reasons to hire a military lawyer in Hawaii:

• Avoid or minimize charges and punishments
• Navigate the military justice system
• Protect your military career and benefits
• Build the strongest defense strategy
• Balance military and civilian court issues

Don’t go it alone against military prosecutors. Hire a seasoned military defense lawyer.

Common UCMJ Violations in Hawaii

Some of the most common UCMJ violations that Hawaii military lawyers defend include:

Drug Offenses

Drug crimes like use, possession, distribution, and trafficking are prosecuted under Article 112a. Mandatory minimum sentences and dishonorable discharges apply for certain drug offenses.

Sexual Assault

Sex crimes are charged under Article 120. Allegations of rape, sexual assault, and indecent acts are taken very seriously. Dishonorable discharge is mandatory upon conviction of certain sex offenses.

AWOL & Desertion

Being absent without leave (AWOL) and desertion are covered by Article 86. The maximum punishment depends on the duration of time and if there were aggravating factors.

Assault

Article 128 prohibits assault. The level of bodily harm inflicted determines if it’s charged as simple assault, aggravated assault, or battery.

Larceny & Fraud

Stealing and committing fraud against the military are charged under Article 121. This includes embezzlement, forgery, and identity theft.

Adultery

Having sexual relations outside of marriage is punishable under Article 134. Adultery charges often arise during divorce and custody disputes.

Administrative Separation Boards

In addition to courts-martial, misconduct can also lead to an administrative separation board. The board will recommend discharge, which can result in loss of benefits. Hiring a military lawyer to represent you at an administrative separation hearing is critical.

Finding the Best Military Criminal Defense Lawyer in Hawaii

Look for an attorney with extensive experience in Hawaii military law when choosing a military lawyer. Key credentials to look for include:

• Former JAG attorney
• Handled hundreds of courts-martial and administrative boards
• High success rate defending UCMJ charges
• Strong reputation with military commanders and judges

A dedicated military defense lawyer will navigate the complexities of your case and build the strongest defense to avoid harsh punishments.

How a Military Lawyer Defends UCMJ Violations

An experienced Hawaii military defense attorney will aggressively defend you by:

• Conducting an independent investigation
• Challenging improper procedures
• Consulting expert witnesses
• Gathering witness statements
• Reviewing your service record
• Negotiating with military prosecutors
• Filing motions to suppress evidence
• Presenting strong defenses at trial
• Making compelling sentencing arguments

A dedicated lawyer will fight to get charges dropped, avoid a conviction, or minimize punishments. They can also represent you in appeals.

Military Defense Lawyers Serving All Hawaii Installations

Hawaii has a major military presence across all branches. Top installations include:

• Marine Corps Base Hawaii
• Joint Base Pearl Harbor-Hickam
• Schofield Barracks
• Fort Shafter
• Coast Guard Air Station Barbers Point
• Coast Guard Station Maui

Experienced military defense attorneys are ready to assist service members stationed at any Hawaii base. Help is a phone call away.

The Choice is Yours: Military or Civilian Counsel?

You have the right to hire a civilian military lawyer instead of using a free military defense counsel (JAG lawyer). Key factors to consider:

• Civilian lawyers focus solely on defending you
• More trial experience with military cases
• Not beholden to military chain of command
• Often viewed as more aggressive defenders

Hiring civilian counsel ensures undivided loyalty and the strongest defense. Free JAG lawyers typically handle many cases.

Take Immediate Action if Facing UCMJ Charges

Don’t wait to hire an experienced Hawaii military defense lawyer if you’re under investigation or facing court-martial. The earlier you engage counsel, the better. A skilled lawyer can get charges dropped or reduced. They also begin building your defense strategy right away. Take action now to protect your future.

This article provides a broad overview of military criminal law issues service members face in Hawaii. For advice on your specific case, contact a dedicated Hawaii military defense lawyer right away.