Mississippi Military Criminal Lawyers

Mississippi Military Criminal Lawyers

If your in the military and facing criminal charges in Mississippi, it can be an incredibly stressful situation. As a member of the armed forces, you have rights that civilian defendants don’t have. But the military justice system can also be much more rigid and unforgiving than civilian courts. That’s why it’s so important to have an experienced Mississippi military criminal defense lawyer on your side.

In this article, we’ll provide an overview of military criminal law in Mississippi and how it differs from civilian law. We’ll look at the types of military offenses you can be charged with, your rights as a military defendant, the military justice process, and potential sentences. We’ll also discuss how a knowledgeable military criminal lawyer can defend your rights and help you get the best possible outcome.

Jurisdiction Over Military Personnel

If your active duty, reserve, or National Guard, the military has jurisdiction to prosecute you under the Uniform Code of Military Justice (UCMJ). The UCMJ applies to all branches of the armed forces. So whether your in the Army, Navy, Air Force, Marines, or Coast Guard, you can face punishment under military law.

In most cases, the military only has jurisdiction over crimes committed on a military installation or while on duty. But there are exceptions. For instance, if the crime harms the military community, threatens national security, or obstructs the military mission, the military can claim jurisdiction even if it occurred off-base while off-duty.

Mississippi has several major military bases, including Keesler Air Force Base, Columbus Air Force Base, Camp Shelby, Naval Air Station Meridian, and Naval Construction Battalion Center Gulfport. If your stationed at one of these bases and commit a crime, you’ll almost certainly be prosecuted under the UCMJ rather than civilian law.

Types of Military Offenses

The UCMJ contains many of the same crimes as civilian law, like assault, theft, sexual assault, drug offenses, etc. But it also includes strictly military offenses you can’t be charged with in civilian court. Some of the unique military crimes include:

• AWOL or desertion
• Failure to obey orders or regulations
• Disrespect toward superior commissioned officer
• Dereliction of duty
• Malingering
• Conduct unbecoming an officer and a gentleman

The military can also charge you with civilian crimes that were committed off base while off duty. For example, if you get in a bar fight or commit a sexual assault during your free time, the military may still prosecute you under the UCMJ.

Your Rights as a Military Defendant

The Bill of Rights applies to military personnel, but your rights are more limited compared to civilian defendants. Here are some key rights you have as a military defendant:

• Right to remain silent – You don’t have to make any statements that could incriminate you.
• Right to an attorney – You can hire a civilian or military lawyer to represent you.
• Right to speedy trial – The military must arraign you within 120 days of restraint or charges being preferred.
• Right to obtain witnesses – You can request witnesses that are relevant to your defense.
• Right against self-incrimination – You can’t be compelled to testify against yourself at court-martial.

However, some constitutional protections like the right to indictment by grand jury don’t apply in military court. And the military judge ultimately has broad discretion over evidentiary issues and other matters.

The Military Justice Process

The military justice system has some key differences from civilian courts. Here’s an overview of the military criminal process:

1. Preferral of Charges – Your commander initiates the process by informing you of the charges against you.
2. Article 32 Hearing – This is similar to a civilian preliminary hearing where an investigating officer determines if there is sufficient evidence to proceed to court-martial.
3. Referral to Court-Martial – Your commander decides whether to refer charges to a court-martial based on the Article 32 investigation.
4. Arraignment – At your arraignment, you are formally notified of the charges and enter a plea.
5. Court-Martial Trial – The court-martial is similar to a civilian trial with prosecution/defense evidence presentation and witness testimony.
6. Sentencing – If convicted, the military judge or court-martial panel will impose a sentence.
7. Post-Trial Review – Your case gets an automatic appeal to the military appeals courts.

Court-martial trials are adversarial like civilian trials. But there are no juries – instead, military judges or panels decide guilt and sentences. Procedures and rules of evidence are outlined in the Manual for Courts-Martial.

Potential Sentences

The types of punishments available depend on the level of court-martial you face:

• Summary Court-Martial – For minor misconduct. Punishment is limited to 30 days confinement.
• Special Court-Martial – Intermediate offenses. Max punishment is 1 year confinement, forfeiture of 2/3 pay for 1 year, and a bad conduct discharge.
• General Court-Martial – Most serious crimes like rape, murder, desertion, etc. Punishments can include confinement for life without parole, dishonorable discharge, total forfeitures, and death (in rare cases).

In addition to confinement, military sentences can include reductions in rank, fines, hard labor, restrictions on liberty, and punitive discharges (bad conduct or dishonorable). A punitive discharge can result in the loss of military and veterans benefits.

How a Military Lawyer Can Defend You

A military defense lawyer’s role is similar to a civilian defense attorney. They advocate for your rights, negotiate with prosecutors, and defend you at trial. Specifically, a military lawyer can:

• Fight to get weak or improperly obtained evidence thrown out
• Challenge the preferral of charges and recommendations for court-martial
• Work to get charges dismissed at the Article 32 hearing
• Negotiate plea agreements with favorable sentences
• Cross-examine witnesses and challenge evidence at trial
• Raise procedural issues and appeal convictions

The best military defense lawyers have extensive experience with courts-martial and knowledge of the UCMJ and military case law. They understand how to navigate the military justice system and protect your rights.

For the best chance at the most favorable outcome, consult with a military defense attorney as soon as you’re under investigation or charged. Don’t wait until after charges are referred to court-martial, as your options will be much more limited.

With an aggressive defense lawyer on your side, you may be able to get charges dismissed before court-martial. Or if convicted, your lawyer can advocate for the lightest sentence possible. They can also raise issues on appeal to potentially have your conviction or sentence overturned.

Find an Experienced Mississippi Military Criminal Lawyer

Facing military criminal charges can be extremely daunting. But the right defense lawyer can help minimize consequences and protect your future. For personalized guidance from a military law expert in Mississippi, contact us 24/7 for a free case review.