Utah Military Criminal Lawyers

Utah Military Criminal Lawyers

If you are a service member facing criminal charges under the Uniform Code of Military Justice (UCMJ) in Utah, having an experienced military defense lawyer on your side is crucial. Military law is complex and the consequences for a conviction can be severe, potentially involving jail time, demotion, loss of benefits or a dishonorable discharge. This article provides an overview of military criminal defense in Utah, the unique challenges these cases present, and how the right lawyer can help.

The UCMJ in Utah

The UCMJ applies to all branches of military service members when they are accused of crimes during their service. Common charges in Utah include:

• Drug offenses
• Sexual assault
• Domestic violence
• DUI
• AWOL or desertion

Unlike civilian courts, the military has its own justice system and does not provide the same constitutional rights as civilian courts. The rules of evidence and procedure are different. It is critical to have an attorney well-versed in courts martial and the UCMJ when facing court martial in Utah.

Unique Challenges in Military Criminal Cases

Defending UCMJ cases in Utah poses unique challenges including:

• Command influence – commanders have a lot of influence over the process and outcomes
• Fast case timelines – military cases move quickly so you need an attorney ready to act fast
• Limited discovery – the prosecution is not required to turn over all evidence against you

These and other issues make it essential to have an experienced military defense lawyer in your corner in Utah. The right attorney knows how to deal with command influence, work within short timelines, and get the discovery needed to build the strongest defense possible.

Why Choose a Military Defense Lawyer in Utah

Hiring a civilian defense attorney familiar with Utah military bases and military law is key. Look for a lawyer with specific experience defending UCMJ cases in Utah. Things to look for include:

• In-depth knowledge of the UCMJ and military courts
• Experience handling cases involving Hill Air Force Base, Dugway Proving Ground and other major bases in Utah
• Negotiating skills to make a deal with military prosecutors if appropriate
• Litigation skills to take your case to trial if needed
• Understanding of military culture and process to effectively advocate for you

The consequences of a military conviction are severe – with the right lawyer, you may be able to avoid a conviction altogether or at least minimize the penalties. An experienced attorney knows how to navigate the military justice system and fight for the best possible outcome.

Defending Against Specific Charges

Here is an overview of strategies Utah military defense lawyers use when facing some of the most common UCMJ charges:

Drug Charges

Drug offenses like use, possession or distribution are prosecuted aggressively under the UCMJ. A conviction can lead to a dishonorable discharge. Potential defenses include:

• Illegal search and seizure – if drugs were found through an unlawful search, evidence may be suppressed
• Faulty drug tests – urinalysis and other drug testing often has flaws
• Lack of evidence – if the prosecution has weak evidence tying you to drugs
• Coerced confession – if you were intimidated into confessing

An attorney experienced with courts martial drug cases knows how to challenge the prosecution’s evidence and build a strong defense.

Sexual Assault

Military sexual assault convictions can lead to sex offender registration requirements. But an aggressive defense can fight these allegations with strategies like:

• Consent defense – the encounter was consensual, not assault
• Mistaken identity – you are not the perpetrator
• False allegations – the accusations are fabricated for retribution or other motives
• Lack of corroborating evidence – there is no evidence beyond the alleged victim’s word

Sexual assault cases often come down to “he said, she said” so an attorney experienced in challenging credibility and reliability of witness testimony is critical.

Domestic Violence

Domestic violence charges threaten your military career and ability to own firearms. An aggressive defense lawyer will explore strategies like:

• No violent act occurred – it was a mere verbal argument
• Self-defense – you acted in self-defense against an aggressor
• Mistaken accusations – no violence happened but authorities presumed you were the aggressor

Domestic violence charges can trigger administrative consequences too – an experienced JAG lawyer knows how to defend on multiple fronts.

DUI

A DUI conviction could end your military service. Skilled DUI defense tactics include:

• Illegal traffic stop – the grounds for the stop were unconstitutional
• Faulty breathalyzer – the results may be inaccurate
• Violation of right to counsel – you were denied your right to an attorney

DUIs often involve technical defenses related to testing, procedures and constitutional rights. An attorney experienced in DUI courts martial can identify the strongest defenses.

Avoiding a Federal Conviction

One advantage of military defense vs civilian courts is the ability to avoid a federal conviction on your record through strategies like:

• Article 15 – Case is handled through non-judicial punishment rather than federal court. Less serious than a conviction.
• Pre-trial agreement – Deal with prosecutors to plead guilty in exchange for lighter sentence.
• Resignation in lieu of court martial – Leave the service but avoid a conviction.

An experienced military defense lawyer knows all the options for resolving a case without a damaging federal conviction on your record.

Finding the Right Military Lawyer in Utah

Facing military criminal charges in Utah is scary. But the right lawyer can help get charges reduced or dismissed, and avoid harsh penalties. When choosing a military defense attorney, research their experience and proven track record handling courts martial in Utah. This gives you the best chance at success. Don’t leave your military future to chance – hire the best Utah military defense lawyer you can.