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Naval Station Norfolk, Norfolk, Virginia Military Criminal Lawyers
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When you’re a service member stationed at Naval Station Norfolk and you’re facing criminal charges or legal issues, it can be overwhelming. You need an experienced military criminal defense lawyer who understands the unique legal process in the military and will fight to protect your rights. This article provides an overview of some of the top legal issues service members face in Norfolk, as well as tips on finding the right lawyer for your case.
Common Criminal Charges
Some of the most common criminal offenses we see at Naval Station Norfolk include:
- Drug charges like possession, use, or distribution of illegal substances
- DUI/DWI
- Assault, domestic violence, and other violent crimes
- Sexual assault and rape
- Larceny, fraud, forgery, and other property crimes
The military has its own set of laws in the Uniform Code of Military Justice (UCMJ). If you’re charged with a crime, you could face a court-martial rather than a civilian criminal trial. The maximum penalties are often harsher in the military justice system. That’s why having an experienced military defense lawyer is so important.
Administrative Actions
In addition to criminal charges, you may face adverse administrative actions that threaten your military career. Some examples include:
- Article 15 or non-judicial punishment
- Involuntary discharge, like an Other Than Honorable discharge
- Demotion
- Reprimand, counseling, or other corrective measures
- Security clearance revocation
An experienced lawyer can help you fight to avoid these career-damaging outcomes. In many cases, we can negotiate an alternative disposition that enables you to continue your military service.
Finding the Right Military Lawyer in Norfolk
Here are some tips for finding the best criminal defense lawyer for your case:
- Look for an attorney with specific experience handling cases at Naval Station Norfolk. Familiarity with the base, command, and military justice system is invaluable.
- Choose a lawyer who focuses their practice on military law. Handling court-martials and representing service members requires niche expertise.
- Consider a former JAG officer. They have experience prosecuting cases and understand the military justice process from both sides.
- Be sure they have experience handling your type of charges. For example, you need a lawyer experienced with sexual assault cases if you’re facing rape allegations.
- Look for outstanding credentials like rankings in Super Lawyers, Avvo, and the National Trial Lawyers. This demonstrates expertise and respect among legal peers.
- Meet with the lawyer for a free case evaluation. Make sure you feel comfortable with their experience and strategy for defending you.
Why a Civilian Military Lawyer?
You have the right to hire a civilian criminal defense lawyer even as an active duty service member. Here are some of the advantages of going with a civilian versus a military-appointed lawyer:
- No conflict of interest. Civilian lawyers are independent from the military chain of command.
- Often more trial experience. Most military lawyers handle far fewer trials than civilian criminal attorneys.
- Greater confidentiality. Communications with civilian counsel are privileged.
- More resources and ability to assemble a legal team.
- Freedom to be more aggressive in defending you.
Key Cases & Precedents
There have been some important military court rulings that can impact your case outcome at Naval Station Norfolk. Understanding key precedents can help guide your defense strategy.
U.S. vs. Sweeney – Unlawful Command Influence
In this case, a Navy judge ruled that the convening authority was influenced by political pressure to prosecute sexual assault cases more aggressively. This was deemed unlawful command influence and the case was thrown out. This precedent makes it possible to challenge a politically-motivated prosecution [1].
U.S. vs. Sterling – Unlawful Command Influence
This case established that unlawful command influence can take place even if no direct orders were given. Prejudicial statements made by military commanders were enough bias to potentially influence case outcomes. This makes it possible to challenge indirect unlawful influence [2].
U.S. vs. Quintanilla – Speedy Trial Rights
The Navy-Marine Corps Court of Appeals ruled that an 18-month delay between charges and trial violated the defendant’s constitutional speedy trial rights. This precedent reinforces service members’ rights to a prompt trial [3].
Possible Defenses
Depending on the details of your case, some potential defenses to explore include:
- Unlawful command influence – Showing that outside pressures impacted the handling of your case.
- Unlawful search and seizure – Arguing that evidence was obtained improperly.
- Self-defense – Legally justified use of force when threatened with harm.
- Consent – The alleged victim consented to the sexual contact in question.
- Mistake of fact – You had an honest and reasonable belief in consent.
- Alibi – You have evidence proving you couldn’t have committed the crime.
- Insufficient evidence – The prosecution’s case relies on weak or contradictory evidence.
An experienced military defense lawyer can assess whether any of these defenses apply and may be able to get charges dismissed pre-trial. If not, we build the strongest case possible to win at trial.
Takeaways
Here are a few key takeaways about protecting your rights as a service member facing criminal allegations in Norfolk:
- Consult with a civilian military defense lawyer as soon as possible. Early intervention gives you the best chance of avoiding charges or minimizing consequences.
- Exercise your right to remain silent and avoid self-incrimination.
- Follow your lawyer’s advice about cooperation with investigators. Never talk to investigators without counsel present.
- Understand the military justice process and potential penalties you face.
- Explore all options for resolving the case while preserving your rights.
Facing criminal charges or adverse military actions can be frightening. But you have rights. An experienced military lawyer will protect those rights and build the strongest defense for your case. Don’t leave your career and future to chance – call a Norfolk military defense attorney today.
References
[1] U.S. vs. Sweeney
[2] U.S. vs. Sterling
[3] U.S. vs. Quintanilla