Military Law - Criminal Defense of Military Members

Military vs. Civilian Court
 

When a military member is charged with a crime in civilian court, there can be serious consequences.  Not only can civilian criminal charges affect a service member’s military career resulting in an administrative discharge, non-judicial punishment or even court-martial, civilian charges can also carry lengthy prison sentences and other strict restrictions that can uniquely affect military members.

In addition to long prison sentences and lengthy probation, there can be other consequences of a civilian conviction that might seriously impact a military career.  One example is if a military member is convicted of a domestic violence misdemeanor.  Because of the Lautenberg Amendment, if an individual is convicted of a misdemeanor domestic violence crime, they are not permitted to own or possess firearms.  In many instances, and without skilled representation, this can result in a service member being administratively discharged from the military.

Another example of civilian criminal allegations affecting military members is with DUI, DWAI, and drug offenses.  A conviction for an alcohol-related driving offense will typically result in military members receiving a letter of reprimand placed in their official file.  A drug offense will typically result in the mandatory initiation of separation proceedings.  In either case, it is important to be represented by a skilled military lawyer who is not only familiar with the civilian criminal justice system, but who is also a skilled military lawyer familiar with the military’s unique and often complex legal system.

Because being charged with a crime by the civilian authorities can have serious consequences civil and military consequences, it is important that military members charged civilian crimes be represented by attorneys who are experts in both the civilian and military legal systems.

The attorneys at Aviso Law have experience representing hundreds of civilians and military members charged with crimes.  With experience representing  military members charged with crimes in civilian court, and expertise with military law and the UCMJ, the lawyers at Aviso Law provide military clients with a full scope of representation in order to obtain the best possible results in the both the civilian and military legal systems.  With the goal of providing individually tailored representation, the attorneys at Aviso Law seek to provide the highest quality representation possible.

How Can a Military Criminal Defense Attorney Help Me?

A military criminal defense attorney specializes in representing service members facing criminal charges under the Uniform Code of Military Justice (UCMJ). These attorneys are essential in protecting the rights of military personnel and ensuring a fair legal process. 

Here's how a military criminal defense attorney can help you:

• Legal Expertise: Military criminal defense attorneys are well-versed in the UCMJ, which governs military conduct. They have a deep understanding of military law, regulations, and procedures, enabling them to provide expert guidance tailored to your situation.
• Case Assessment: Your attorney will review the details of your case, including the specific charges, evidence, and any potential violations of your rights. They will assess the strength of the prosecution's case and identify any weaknesses that can be leveraged in your defense.
• Customized Defense Strategy: Each military criminal case is unique. Your attorney will develop a defense strategy designed to address the specific circumstances of your case. This may involve challenging the evidence, questioning the legality of searches or interrogations, or presenting mitigating factors.
• Protection of Rights: Your attorney will ensure that your constitutional rights are protected throughout the legal process. They can advise you on your rights to remain silent, to legal counsel, and to a fair trial, preventing self-incrimination and helping you make informed decisions.
• Negotiation Skills: Military defense attorneys have the negotiation skills needed to interact with military prosecutors. They can engage in plea negotiations to potentially have charges reduced or secure more favorable outcomes, such as plea agreements or alternative sentencing options.
• Courtroom Representation: If your case goes to court-martial, your attorney will provide strong representation. They will present your defense, cross-examine witnesses, make legal arguments, and ensure that your rights are protected throughout the trial.
• Expert Witnesses: Attorneys often work with expert witnesses, such as forensic experts, to challenge evidence and provide testimony in support of your defense.
• Administrative Actions: In addition to the criminal charges, service members may face administrative actions, such as non-judicial punishment or separation proceedings. Your attorney can assist in addressing these matters to minimize their impact on your career.
• Appeals: If you are convicted, your attorney can help you explore post-trial options, including appeals and clemency requests.
• Military-Specific Knowledge: Military defense attorneys understand the unique challenges and pressures that service members face. They can provide guidance and support tailored to the military environment.
• Security Clearance Protection: A military criminal conviction can have serious implications for your security clearance. Your attorney can help you protect your clearance and mitigate the consequences of a conviction.

In summary, a military criminal defense attorney is an essential advocate for service members facing criminal charges within the military justice system. They bring specialized legal expertise and an understanding of military culture and procedures to your defense, working diligently to protect your rights and achieve the best possible outcome for your case. 

Don't wait to get help, contact our firm by calling (719) 356-5552 and get started on your case today.