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Idaho Military Criminal Lawyers

March 21, 2024 Uncategorized

 

Idaho Military Criminal Lawyers

If you are a member of the military facing criminal charges in Idaho, it is important to understand your rights and options. Having an experienced military criminal defense lawyer on your side can make all the difference.

Military members accused of a crime are subject to the Uniform Code of Military Justice (UCMJ). This means you could potentially face a court-martial trial, which is different than civilian criminal court. The stakes are high, so you need a lawyer who understands the complexities of military law.

Your Rights Under the UCMJ

All military personnel have certain rights guaranteed by the UCMJ – but you have to assert them! Important rights include:

  • Right to remain silent – You do not have to answer questions from investigators. Say “I want a lawyer.”
  • Right to an attorney – You can consult with military defense counsel at no cost.
  • Presumption of innocence – You are innocent until proven guilty beyond reasonable doubt.
  • Right against self-incrimination – Your statements cannot be used against you.

It’s crucial that you explicitly invoke these rights when questioned. Be clear and leave no room for interpretation. Say “I want a lawyer” – don’t just ask “Can I have a lawyer?”

Choosing the Right Military Lawyer in Idaho

You have options when selecting legal representation for a court-martial or other military charges:

  • Military defense counsel – Free JAG lawyers assigned to you.
  • Civilian military lawyers – Private attorneys with military law expertise.
  • Military law firms – Law firms specializing in military criminal defense.

Military defense counsel from your JAG office can be appointed at no cost. But they may be overworked, less experienced, or encounter conflicts of interest. Hiring a civilian military lawyer gives you more control over who represents you. They also have more independence from the military chain of command.

Look for a military law firm or attorney with specific experience defending against charges like yours. Find someone who knows how to navigate the military justice system and leverage your rights. Representation from a civilian lawyer should be covered by your legal defense insurance.

Common Crimes Dealt with by Military Lawyers

Some of the most common offenses we see military personnel charged with in Idaho include:

  • AWOL/Desertion – Unlawful absence from duty.
  • Assault – Physical attack or violence against another.
  • Drug Offenses – Use, possession, or distribution of illegal drugs.
  • DUI/DWI – Driving under the influence of alcohol or drugs.
  • Sexual Assault – Rape, abuse, harassment, or other sex crimes.
  • Larceny/Fraud – Theft of military property or funds, or benefit fraud.
  • Conduct Unbecoming – Dishonorable conduct.
  • Fraternization – Improper relationships within chain of command.

A military lawyer can help build a strategic defense against any charges under the UCMJ. We assess the strengths and weaknesses of the prosecution’s case and identify options for achieving the best possible outcome.

Punishments Under Military Law

If convicted at court-martial, possible sentences can include:

  • Reduction in rank
  • Forfeiture of pay and allowances
  • A bad conduct discharge or dishonorable discharge
  • Confinement in a military prison

An experienced trial lawyer may be able to get charges dismissed entirely or negotiate a plea deal to lesser charges. If convicted, they can advocate for the lightest sentence. Punishments affect your benefits, career, and future – so robust representation is critical.

Protect Your Military Career

Military charges carry career-ending consequences. Your reputation and livelihood are on the line. At a time of intense stress, we provide the strong legal defense you deserve. Don’t go it alone against the military justice system. Call an Idaho military lawyer today for help protecting your rights.

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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