Military Trial Defenders

MILITARY LAW AND THE COURT MARTIAL PROCESS Members of the military who are accused of crimes defined in the “Punitive Articles” section of the UCMJ will often face a court-martial trial. Many of these crimes are similar to civilian crimes, such as larceny, arson, manslaughter, and conspiracy. Other crimes in the UCMJ are specific to the military such as mutiny, desertion, and insubordination. Regardless of their branch, all members of the military who violate the UCMJ are subject to a potential court-martial. Courts-martial are run in accordance with guidelines set forth in the Manual for Courts-Martial, which is issued by the President of the United States.

A drug offense conviction could be potentially career-ending for a member of the military. And with today’s climate on drug use and abuse, a drug offense can bear more weight on the defendant’s reputation. If you’ve been accused of ingesting, possessing or manufacturing illegal substances, your military career is at risk and you need to contact the pros at Military Trial Defenders right away. We have a proven track record and are experienced in military trial defense.

The Uniform Code of Military Justice is federal law enacted by Congress to provide regulations that apply to all US military members. It defines the military justice system and defines military criminal offenses. With over 30 years of combined experience, our attorneys are well-versed in the many articles of the UCMJ. In a time in which military members are often assumed guilty before being proven so, we have the knowledge and expertise to ensure that servicemen and women receive justice. UCMJ Articles 77-134 are called the “punitive articles”. These articles lay out specific offenses which can result in punishment by court-martial. UCMJ attorneys have extensive knowledge on each of these articles and are thus able to defend those who have been accused of violating them.

Article 15 of the UCMJ concerns non-judicial punishment for military members. This Article applies when Command deals with minor violations or infractions of the UCMJ. Usually referred to in the Army and Air Force as an “Article 15”, this kind of punishment is often called a “Captain’s Mast” in the Navy and Marines. It’s also often referred to as an NJP (nonjudicial punishment). In summary, Article 15 permits commanders to administratively discipline troops without a court-martial. These punishments can range from reprimand to reduction in rank, correctional custody, loss of pay, extra duty, and/or several restrictions. Receiving an Article 15 does not constitute a criminal conviction, but it can be placed on the individual’s service record. The nonjudicial punishment process is governed by Part V of the Manual for Courts-Martial and by the regulations of each service branch.

Members of the military are sometimes separated from military service involuntarily by administrative discharge. The basis for this kind of separation can range from health to misconduct to criminal conviction. Based on the rank and service time of the individual, some service members are entitled to board processing rather than notification (written) processing. The service member’s command must notify him or her in writing of the basis for the separation and the recommended characterization of service. At this point, the service member needs qualified legal counsel to present their side of the story including the entirety of the military member’s record. This information is considered in the final decision, and your commander may decide not to proceed after receiving these materials. For this reason, it’s crucial to have a knowledgeable discharge board attorney.

According to recently compiled data, the docket in the U.S. Court of Appeals for the Armed Forces is flooded with cases involving video crimes against children. In fact, roughly two-thirds of the pending appeal cases are related to the sexualization of minors. Importantly, this does not mean that the majority of military personnel are engaging in disparaging acts. It may suggest, however, that there are still many unclear lines and unanswered questions regarding online behavior, and using the internet can be more dangerous than we might often realize. The military justice system relentlessly pursues and roots out suspects involved in child related crimes. Without the best possible defense, an accused service member could face incarceration for decades, mandatory registration as a sex offender, and several other life-altering possible outcomes. If you have been charged or are under investigation for possession, distribution, or transportation of illegal material, it’s absolutely vital that you hire an experienced lawyer in order to get the best possible outcome for your case. These cases are incredibly challenging and often complex, requiring a computer forensic specialist and other experts as members of the defense team. Do not attempt to handle this kind of case without an experienced and knowledgeable defense.

IMPROPER SEXUAL CONDUCT UNDER ARTICLE 134 Within the US Armed Forces, certain sex acts are considered improper sexual conduct and can result in a court-martial. Under Article 134 of the UCMJ, a military court is granted the discretion to punish any actions that bring discredit or dishonor to the Armed Forces.

Being charged with assault is a very serious matter because a conviction involves heavy consequences. Many times in these cases, the accused is viewed as guilty regardless of evidence or reason. Being accused can in itself have an impact on your career even if the accusation is false.

MILITARY LAWYERS ASSISTING IN CASES OF FRATERNIZATION Every branch of the military prohibits personal and business relationships between enlisted personnel and officers. Any relationship that includes dating, cohabitation, or any form of sexual relationship is considered a personal relationship. Relationships that involve borrowing or loaning money or any other business interaction is considered a business relationship.